In Texas, a divorce takes longer than 60 days after the petition is filed to become finalized. Every divorce has a 60-day waiting period before any divorce decree is signed by a judge. Spouses who agree on all divorce issues will generally have their divorce finalized in approximately six months to a year. However, getting a divorce will take longer if the spouses do not agree on all the issues.
What Are the Residency Requirements for Filing for Divorce in Texas?
At least one spouse must live in Texas continuously for six months. Also, at least one spouse must live in the county where the petition is filed for about 90 days prior to filing.
Is Texas a No-Fault Divorce State?
Yes. This means a spouse does not have to blame the other spouse for ending the marriage. However, a spouse can still assign fault.
Will Using Grounds for Divorce Give Me an Advantage?
Yes. The court will consider fault when deciding equitable division of property.
What Are the Steps of a Divorce in Texas?
The steps of a divorce in Texas usually consist of the following:
- A petitioner files for divorce by submitting an Original Petition for Divorce with the county court.
- The petitioning spouse has the responding spouse personally served with the divorce papers. The responding spouse can sign a waiver to avoid receiving the papers.
- The petitioner can request any temporary orders like a Temporary Restraining Order. A hearing is held on the temporary orders.
- The spouses discuss the divorce terms directly or with the assistance of a mediator or attorney. If they agree, an Agreed Decree of Divorce is prepared and filed.
- Spouses that unable to agree will set a trial date with the court.
- Prior to trial, spouses will attend court mediation.
- If mediation fails, a judge will decide the terms before issuing a Final Decree of Divorce.
What Is an Agreed Divorce?
It is a collaborative divorce in which both parties agree to the terms of divorce without going to court. It requires good faith in order to be legal.
Do I Need an Attorney to Help Me with My Divorce?
A Texas attorney is recommended for all divorce cases that are filed in Texas. An attorney will assist you with protecting your rights during your divorce proceedings.