Divorce in Texas – All You Need to Know

divorce in Texas
Worthy Staff

By Worthy Staff | May 23rd, 2019

If you are getting a divorce in Texas, the more information you have by your side, the easier the process will be and the more successful the outcome. Since divorce laws vary from state to state, here is what you need to know if you are divorcing in Texas.

Divorce Process in Texas

How to File for Divorce in Texas/How to Get a Divorce

To divorce in Texas, one spouse must have resided in Texas continuously for six months. Also, one spouse must have been a resident of the county in which they are divorcing for a minimum of 90 days prior to the filing. 
The divorce process starts when one spouse, called the Petitioner, files an Original Petition for Divorce with the court. The document must next be served personally to the other spouse, called the Respondent. A Respondent may waive this requirement.

At the same time the Petitioner files for divorce, he/she has the option to request that the court issue a standard Temporary Restraining Order (“TRO”). The TRO forbids spouses from depleting assets before being divided by the court. It also directs both spouses to treat each other civilly and not to threaten or harass one another. If the court issues a TRO, spouses must attend a hearing within 14 days. At the hearing, the court has the option to turn the TRO into a temporary injunction should the circumstances call for it. 

Where there is no TRO, the Respondent must file his/her answer within 20 days plus the next following Monday. During this time, the court will also consider any requested temporary orders. Temporary orders stay in effect until the parties reach a final agreement and typically center around issues involving visitation, custody, child support, use of property, debts, spousal support, and attorney’s fees.

The following step is discovery. Discovery is the time when spouses exchange all of the documents and information the other spouse may not already have access to, such as financial documents, retirement plans, and billing statements. 

When discovery is complete, spouses can discuss settling their case. Attorneys and mediators can facilitate settlement. If the spouses agree at this time, they or their attorneys will draft an Agreed Decree of Divorce containing all of their terms. Both spouses and the judge must sign the Decree. 

A trial date will be set by the court if both spouses cannot agree. Mediation is required before spouses go to trial, the process by which a couple tries informally to resolve their issues with the help of a trained and neutral third party called a mediator. 

Should mediation fail, the couple will go to trial. When the trial concludes, a Final Decree of Divorce will be prepared which contains all of the court’s rulings. Once the Decree is signed, the divorce is final and binding. 

How Long Does Divorce Take in Texas?

In Texas, a divorce is not final for 60 days after the filing of the petition. This 60-day waiting period is mandatory. A general rule of thumb is that it will take six months to a year to finalize a divorce in Texas.

How Much Will It Cost?

Typically, a divorce in Texas will cost between $15,000 and $30,000, depending on how complicated the issues in the divorce are. Legal fees represent most of the expense in a divorce. However, there are ways to keep divorce costs to a minimum, including accessing Texas’ numerous legal resources (see below). 

Special Divorce Laws in Texas

Texas does not recognize legal separation. Regardless of whether you are living with your spouse or apart from them, all of the assets you acquire during that time are considered community property. Likewise, all of the debt you incur is community debt. Whether one or both spouses names appear on a title or a liability is irrelevant. To put it plainly, you are married to your spouse until your divorce is final, so it is essential to consider that when making any financial decisions prior to that time.  

Uncontested Divorce

Texas is a no-fault divorce state. In other words, the filing spouse is not required to prove that the other spouse is guilty of any wrongdoing. When determining what constitutes a fair division of assets, a judge, however, may consider who is at fault.

Common Law Divorce

Texas is one of the few states that recognize common law marriages. A common law marriage is a marriage that takes place in the absence of a ceremony or license. The process to dissolve a common law marriage in Texas is the same as for a legal marriage. 

Texas Divorce Stats

Between 40 and 50 percent of people in the United States divorce. January and August traditionally see the highest number of divorce filings. Approximately 75,000 people divorce in Texas each year.

Divorce Lawyers in Texas

Although you can choose to represent yourself in your divorce, divorce professionals recommend that you secure legal counsel before getting divorced in Texas. Divorce in Texas is a complicated process, and you want to have the best legal counsel possible to advocate for your best interests. Without a skilled lawyer, you are apt to make mistakes or miss pertinent details, potentially resulting in your divorce taking longer to complete and costing you more in legal fees and unaddressed issues.

Insights From Jumping In: Dating After Divorce in 2019

In 2019, Worthy conducted a study on how divorce women approach divorce and dating in today’s world.

Age of Today’s Divorced Woman
Of the women we surveyed, 42% divorced between the ages of 35-44 and 28% between 45-54, indicating that midlife is the most common time for marriages to break up. Only 9% divorced after the age of 55 and the younger women, 34 and under, made up 22%.

Divorce Proceedings in the 21st Century
We asked our participants to share what legal processes they were familiar with for divorce. Litigation (53%) and mediation (48%) were at the top of the list but many were also familiar with alternative routes such as low-conflict collaborative divorce (25%). Services like working with a Certified Divorce Financial Analyst are much less well-known (5%).

Divorce Finances 101
When it came to the big issues, the majority of women felt sufficiently informed to make decisions. This included issues like health insurance (60%) and the marital house (56%). However, when it came to issues outside of the immediate household, such as taxes, the participants felt less informed.Reusable Block

Dating After Divorce
Dating is at the forefront of many divorcees’ minds. 78% of the women have already started thinking about dating by the time the divorce papers are signed. 40% of women feel confident about dating after divorce, 68% feel excited and hopeful. 59% of divorced women meet dates on online dating websites or apps.

Getting Divorced The Easier Way

Divorce can be a complicated, draining and expensive process, but it doesn’t have to be. If you’re looking to file for an uncontested divorce in
Texas, do it the easy way with our friends at It’s Over Easy, the only online divorce solution that guides you through every aspect of your case, founded by celebrity divorce lawyer Laura A. Wasser. 

“After practicing Family Law for over 20 years I came to realize that people deserve a better way to get divorced. I founded It’s Over Easy to give people a high-quality, less expensive & more amicable option. Our platform takes the user through the entire dissolution process. We provide information and support along the way through our content on our Insights Blog, the Divorce Sucks! Podcast and The Index, our curated professional and lifestyle resource guide. Divorce is difficult but the legal part shouldn’t have to be.” 
–Laura A. Wasser


Checklist of Resources You’ll Need (Lawyers, Coaches, Mediators, Appraisers)

Sometimes it takes a village to navigate the divorce process. Thankfully, there exist trained professionals who can guide you through it safely and efficiently. If you are looking to build your dream divorce team or add to it, we have compiled a list of our favorite experts from which you can pick and choose according to your needs. Your divorce team may include any combination of the following individuals or websites:

Focus Area OrganizationWebsite

National Association of
Divorce Professionals


Certified Divorced


Association of
Financial Planners



Making Worthy Part of Your Transition

Financing divorce is an expensive proposition. So, too, is rebuilding your life post-divorce. Worthy has already helped thousands of women meet their financial goals by providing the safest and most effective means possible to sell their diamond jewelry at the highest price possible in the marketplace. Why let valuable assets like your diamond engagement ring sit idle when you can put the funds from its sale to work and create a brighter future for yourself? Worthy is here when you are ready, supporting you with vital information about divorce, including personal accounts from those who have survived and thrived afterward, and, of course, bringing you with the most trusted online auction platform in the industry.

Divorce process guide for main US states

Legal Disclaimer: This article is intended for informational purposes only and should not be relied upon as legal advice on any subject matter. Consult with an attorney for more information regarding your individual situation.

Worthy Staff

Worthy Staff

The Worthy Blog is a place for inspiration, insight, and advice for all things surrounding life's greatest transitions - divorce, losing a loved one, retirement, and so much more. You can find us on our blog, Instagram, and Facebook.


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