Divorce can be one of the most emotionally and legally complex experiences a person may face. Understanding the process ahead of time can help reduce uncertainty and allow you to approach the situation with greater clarity and confidence.

If you are considering filing for divorce in Texas, the following overview explains the general steps involved in the process and what you can typically expect.

File an Original Petition for Divorce

The divorce process in Texas begins with the filing of an Original Petition for Divorce with the court in the county where you reside. For example, if you live in Collin County, the petition must be filed in a district court located in that county.

Filing the Original Petition officially begins the divorce case and starts the statutory waiting period. Under Texas law, a divorce cannot be finalized until at least 60 days have passed from the date the Original Petition for Divorce is filed. This waiting period is sometimes referred to as the “cooling-off period,” and it begins on the day the petition is filed with the court.

Service of the Petition

After the petition is filed, the next step is notifying the other spouse (referred to as the Respondent) of the divorce filing.

This is typically accomplished through formal service by a constable or a private process server. In some cases, however, the Respondent may choose to sign a Waiver of Service. A Waiver of Service is a legal document confirming that the Respondent has received notice of the divorce and agrees that formal service is not necessary.

Whether through formal service or a waiver, the key requirement is that the Respondent receives proper legal notice of the divorce proceeding.

Responding to the Petition

Once the Respondent has been served—or signs a Waiver of Service—they generally have 20 days to file a written response with the court.

Often, the Respondent files a document known as a General Denial, which simply places a formal response on record and allows them to participate fully in the case moving forward.

At this stage, both parties are officially part of the legal proceeding and the divorce process begins to move forward toward resolution.

Identifying and Dividing the Marital Estate

After both parties are involved in the case, the attorneys representing each spouse typically begin gathering financial information and discussing how to resolve the issues involved in the divorce.

This process usually includes identifying:

  • Marital assets
  • Debts and liabilities
  • Real estate and personal property
  • Retirement accounts and investments
  • Income and financial obligations

Texas follows the principle of Community Property, meaning that most income and property acquired during the marriage belongs to both spouses and is subject to division upon divorce.

Certain property may be classified as separate property, which generally includes:

  • Property owned before the marriage
  • Inheritances received by one spouse
  • Gifts given specifically to one spouse

However, issues such as commingling of assets or use of separate property during the marriage can sometimes complicate these determinations.

Addressing Child Custody and Parenting Issues

If the parties share children, additional issues must be addressed, including:

  • Conservatorship (custody)
  • Parenting schedules and possession
  • Child support
  • Decision-making authority regarding the children

Courts in Texas prioritize the best interests of the child when determining these arrangements.

Mediation

In most Texas counties, courts require the parties to attend mediation before the case can proceed to trial.

Mediation is a structured negotiation process where a neutral third party—the mediator—helps the spouses attempt to reach agreements regarding the terms of their divorce. These discussions often include property division, parenting arrangements, and financial matters.

Although mediation is an additional expense, it is frequently one of the most effective ways to resolve a divorce case. The majority of cases settle at mediation, allowing the parties to make decisions about their families and finances rather than leaving those decisions to a judge who may know little about their personal circumstances.

If an agreement is reached during mediation, the mediator will typically prepare a Mediated Settlement Agreement (MSA). This document is binding once signed by the parties and their attorneys, and the terms of the MSA are then incorporated into the Final Decree of Divorce.

Finalizing the Divorce (Prove Up)

When the parties reach an agreement—either through negotiation or mediation—the attorneys will prepare a Final Decree of Divorce outlining all agreed-upon terms.

After the required 60-day waiting period has passed, the divorce can be finalized in court through a short hearing commonly referred to as a “prove up.”

During a prove-up hearing:

  • One spouse and their attorney appear before the judge.
  • The attorney asks the client a brief series of questions confirming the terms of the divorce.
  • The judge may ask additional questions if necessary.

The attorney then presents the Final Decree of Divorce to the judge for signature. Once the judge signs the decree, the divorce becomes final and “official”.

**If the parties have agreed and have filed an “Agreed Final Decree of Divorce” , many courts will allow the parties to simply file a “Prove Up Affidavit or Declaration for Divorce” — which is a form used in an uncontested (agreed) divorce matter, and provides essential facts to present to the Judge for “proving up” the Final Decree, and will forego the requirement of a prove-up hearing.

Obtaining Certified Copies of the Final Decree

If the client requests Certified Copies of the Final Decree, after the hearing, the attorney will typically file additional paperwork with the court clerk and obtain certified copies of the signed Final Decree of Divorce.

It is important to keep several copies of the final decree for your records. Many individuals choose to store a certified copy in a secure location such as a safe or safe deposit box.

Both former spouses should retain copies of the signed decree, as it may be required in the future for financial, legal, or personal matters.

When to Speak With a Divorce Attorney

Every divorce case is unique. Factors such as children, property ownership, business interests, and financial complexity can significantly affect how a case proceeds.

Consulting with an experienced divorce attorney can help you understand your rights, evaluate your options, and determine the best strategy for your specific circumstances.

If you are considering divorce and would like to discuss your situation, Compass Legal is available to assist. We will schedule a consultation at a mutually convenient time to review your circumstances and help you determine the best course of action moving forward.

Compass Legal — Always Leading You in the Right Direction.