Getting Divorced in Texas: A Guide for Non-Lawyers

Before filing for divorce in Texas, ensure you meet the residency requirements. Either you or your spouse must have been a resident of Texas for at least six months, and a resident of the county where you're filing for at least 90 days prior to filing. If you don't meet these requirements, you'll need to wait until you do before proceeding.

Collect all financial records including bank statements, tax returns, pay stubs, retirement account statements, property deeds, vehicle titles, mortgage documents, credit card statements, loan documents, and insurance policies. These will be essential for the financial disclosure process and property division negotiations.

In Texas, the divorce process begins with filing an 'Original Petition for Divorce' (not 'Petition for Dissolution of Marriage' as it's called in some other states). This document states the grounds for divorce (Texas allows no-fault divorce based on 'insupportability'), identifies both spouses, lists any children, and outlines what you're requesting regarding property division, child custody, and support. You'll file this with the district clerk in your county and pay a filing fee (typically $250-300, though it varies by county).

After filing, your spouse must be legally notified through a process called 'service.' This can be done through a process server, sheriff/constable, or by certified mail. Alternatively, your spouse can sign a Waiver of Service if they agree to the divorce. The served documents include the petition and a citation (similar to a summons in other states). Your spouse will have approximately 20 days to file a response after being served.

Either spouse can request temporary orders to establish arrangements during the divorce process. These may address temporary child custody, visitation, child support, spousal support, and who stays in the family home. If your spouse files for temporary orders, you'll need to attend a hearing. If you need these protections, consider filing for temporary orders yourself.

Texas requires a complete disclosure of all assets and debts. The Inventory and Appraisement is a sworn document listing all community property (acquired during marriage) and separate property (owned before marriage or received as gifts/inheritance), along with their values. This document is crucial for fair property division. Be thorough and honest—hiding assets can result in severe penalties.

If you have children, create a detailed parenting plan outlining custody arrangements (called 'conservatorship' in Texas), visitation schedules, decision-making authority, and other parenting provisions. Texas presumes that joint managing conservatorship (shared decision-making) is in the child's best interest, but the physical possession schedule can vary. The plan should address regular weekday/weekend schedules, holidays, vacations, transportation, and communication methods.

Texas uses specific guidelines for calculating child support based primarily on the non-custodial parent's income. Generally, support amounts to 20% of net resources for one child, 25% for two, 30% for three, etc., up to 40% for five or more children. Complete the child support worksheet using these guidelines. Medical and dental insurance must also be addressed. The court may deviate from guidelines in certain circumstances.

Work toward a comprehensive settlement agreement covering property division, debt allocation, spousal maintenance (if applicable), and child-related issues. Texas is a community property state, meaning assets and debts acquired during marriage are generally divided equally, though courts can order an unequal division if it's 'just and right.' Consider mediation to resolve disputes—many Texas counties require mediation before trial.

If retirement accounts will be divided, you'll need a Qualified Domestic Relations Order (QDRO). This specialized court order instructs retirement plan administrators how to divide the accounts. Each retirement plan may require specific language, so consider having a QDRO specialist draft this document. The QDRO must be approved by both the court and the plan administrator to be effective.

Many Texas counties require divorcing parents to complete a parenting course. These courses typically focus on helping children cope with divorce and improving co-parenting skills. Check your county's specific requirements, as the course length and approved providers vary. You'll need to file your certificate of completion with the court.

Even in uncontested cases, Texas requires a final hearing. Prepare your Final Decree of Divorce, which incorporates all agreements and court orders. This comprehensive document will govern your post-divorce rights and responsibilities. If your case is contested and agreements couldn't be reached, prepare evidence and witnesses for trial on the disputed issues.

Texas has a mandatory 60-day waiting period from the date of filing before a divorce can be finalized (with limited exceptions for domestic violence). At the final hearing, the judge will review your paperwork and may ask questions. If everything is in order, the judge will sign the Final Decree. In uncontested cases, this hearing is typically brief. In contested cases, a trial will be held to resolve disputed issues.

If child support or spousal maintenance is ordered, a Wage Withholding Order must be prepared and sent to the paying spouse's employer. This ensures payments are automatically deducted from paychecks and sent to the receiving spouse, typically through the Texas Child Support Disbursement Unit. This automatic withholding is mandatory for child support in Texas unless the court finds good cause for an exception or the parties agree to an alternative arrangement.

After the divorce is finalized, implement the property division by transferring titles to vehicles, real estate, and other assets as specified in the decree. Close joint accounts and open individual accounts. Update beneficiaries on insurance policies, retirement accounts, and estate planning documents. File deed transfers with the county clerk for real property. For vehicles, visit the Texas Department of Motor Vehicles to transfer titles.

If you're changing your name after divorce, update your Social Security card, driver's license, passport, and other identification. Review and update your will, powers of attorney, and other estate planning documents. Notify creditors, insurance companies, schools, and other relevant institutions of your divorce and any name or address changes.