Divorce is never easy, even when both spouses agree it is the right decision. The legal process has its own rules, deadlines, and vocabulary, and not knowing what comes next adds stress to an already difficult time. Understanding the basic steps of a Texas divorce can help you feel more in control and make better decisions for yourself and your children.
Residency and Filing
Texas requires that you or your spouse have lived in the state for at least six months, and in the county where you file for at least 90 days, before a divorce petition can be filed. For families in the Rio Grande Valley, that usually means filing in Hidalgo County in Edinburg or Cameron County in Brownsville. The spouse who files is called the petitioner, and the other spouse is the respondent and must be formally served with the petition.
Texas is a no-fault divorce state. Most divorces are granted on the ground of “insupportability,” which simply means the marriage has become unworkable with no reasonable expectation of reconciliation. Fault grounds such as cruelty or adultery still exist and can affect how property is divided, but they are not required.
The 60-Day Waiting Period
Texas law requires at least 60 days to pass between the day the petition is filed and the day the divorce can be finalized. The waiting period is waived only in limited circumstances, such as cases involving family violence. In practice, even an uncontested divorce takes a little over two months, and a contested case can take much longer.
Temporary Orders
While the case is pending, either spouse can ask the court for temporary orders covering who stays in the home, who pays which bills, how the children will be cared for, and whether temporary support is owed. These orders stay in place until the divorce is final and often set the tone for the final outcome, so it is important to take them seriously from the start.
Key Issues to Resolve
Division of Community Property and Debts
Texas is a community property state. Property and debts acquired by either spouse during the marriage are presumed to belong to both, regardless of whose name is on the title or account. Separate property, such as assets owned before the marriage or received by gift or inheritance, stays with that spouse if it can be proven. The court divides the community estate in a manner it finds “just and right,” which does not always mean a 50/50 split.
Child Custody and Visitation
Texas uses the terms conservatorship and possession rather than custody and visitation. In most cases parents are named joint managing conservators, meaning they share decision-making. The court then sets a possession schedule, often based on the Standard Possession Order, which lays out weekends, holidays, and summer time with each parent. Every decision involving children is guided by what is in the best interest of the child.
Child Support and Spousal Support
Child support is generally calculated using state guidelines based on the paying parent’s net monthly resources and the number of children. Spousal maintenance is more limited in Texas and is typically available only in specific situations, such as a marriage lasting ten years or longer where one spouse cannot meet basic needs, or where family violence has occurred.
Agreed vs. Contested Divorce
If you and your spouse can agree on all of these issues, the divorce can be finalized with an agreed decree shortly after the waiting period ends. If you cannot, the court will likely order mediation before setting the case for trial. Many contested cases still settle in mediation, which saves time, money, and emotional strain.
How We Help
The Law Office of AJ Garcia guides South Texas families through every step of the divorce process with compassion and determination, from the first filing through temporary orders, mediation, and final decree. Our office is located in Alamo, Texas, and we serve clients throughout the Rio Grande Valley. Call (956) 601-0247 to book a consultation. Se habla español.
This article is general information, not legal advice. Every family’s situation is different, and you should speak with an attorney about your specific circumstances.