How to File for Divorce in Texas (2025 Step-by-Step Guide)
Filing for divorce in Texas can feel overwhelming — especially when you’re juggling legal requirements and emotional stress.
The good news? Texas divorce law lays out a clear process. With the right guidance, you can avoid costly mistakes, protect your rights, and move forward with confidence.
This step-by-step guide walks you through the Texas divorce process in 2025, whether you’re filing in Travis County, Williamson County, or anywhere in the state.
Step 1 – Meet Texas Residency Requirements
Before you can file, either you or your spouse must meet both:
State Residency: Lived in Texas for at least 6 months before filing.
County Residency: Lived in the county where you file for at least 90 days.
Tip: If you’ve recently moved, you may still file in your previous county if you meet the 90-day requirement there.
Step 2 – Decide on Contested vs. Uncontested Divorce
Uncontested Divorce: Both parties agree on all terms — property division, custody, and support. This is faster, cheaper, and usually avoids trial.
Contested Divorce: You disagree on one or more terms. The court decides after hearings or trial.
Attorney Insight: Even uncontested cases benefit from legal review to ensure agreements are enforceable.
Step 3 – Prepare & File Your Original Petition for Divorce
This is the document that officially starts your divorce. It includes:
Basic identifying information.
Grounds for divorce (Texas allows no-fault grounds called insupportability and fault grounds like adultery or cruelty).
Requests for property division, custody, and other relief.
You’ll file this in the district clerk’s office in your county and pay the filing fee (typically $250–$350).
Step 4 – Serve Your Spouse
Texas law requires you to give your spouse legal notice:
Process server or constable (most common).
Waiver of Service (signed voluntarily).
Alternative Service (court-approved if your spouse avoids service).
Step 5 – Temporary Orders (If Needed)
Temporary Orders can decide issues while your case is pending:
Child custody and visitation schedules.
Temporary spousal or child support.
Who stays in the marital home.
These are set at a Temporary Orders Hearing, often within weeks of filing.
Step 6 – Discovery Process
In contested cases, each side exchanges information:
Financial records.
Asset/debt inventories.
Written questions (interrogatories) and document requests.
Legal Note: Under Texas Family Code and Texas Rules of Civil Procedure, initial disclosures are mandatory in contested divorces.
Step 7 – Mediation
Many Texas courts require mediation before trial. A mediator helps you reach a private, binding agreement — often saving time and money.
Step 8 – Final Hearing or Trial
Uncontested cases: A short hearing where the judge reviews and signs your Final Decree of Divorce.
Contested cases: Trial where the judge (or jury, in limited cases) decides unresolved issues.
Step 9 – Waiting Period
Texas imposes a 60-day waiting period from the date of filing the petition until a Final decree can be signed by the court.
Step 10 – Post-Divorce Steps
Change your name (if applicable).
Update beneficiaries on insurance, retirement accounts, and wills.
Complete property transfers and support obligations.
How We Can Help
At the Mendez Law Group, we handle every stage of the divorce process — from the initial filing to post-divorce enforcement. We protect your rights, your finances, and your peace of mind.
Call (512)-454-0045 to schedule your consultation today or Schedule Online Now.
