A Step-by-Step Guide to Filing for Divorce in Texas

 Posted on July 23, 2026 in Divorce

Filing for divorce is a significant legal step. Texas law sets out a specific sequence of steps for every divorce case, from establishing residency to receiving a final decree from the court. If you are preparing to file in 2026, understanding each stage in advance can help you set realistic expectations and avoid unnecessary delays. A Houston, TX family law attorney can guide you and protect your interests through each step.

What Are the Residency Requirements for Filing a Divorce in Texas?

Texas law establishes specific residency requirements that must be met before a divorce case can be filed. Under Texas Family Code Section 6.301, either spouse must have been domiciled in Texas – meaning Texas was their main home – for the six months preceding the filing date and lived in the county of filing for the preceding 90 days.

These requirements establish whether a Texas court can hear the divorce case. They also help determine the proper county where the case should be filed. If a petition is filed before these requirements are met, the court may delay the case until the required residency period has passed.

What Do You Need to Include in a Texas Divorce Petition?

Your case starts with a document called the Original Petition for Divorce. The petition includes:

• Your full legal name and your spouse's full legal name

• The date you were married

• Whether you and your spouse have children together

• The grounds for your divorce, such as insupportability

• What you are asking the court to decide, such as property division or custody

Most people in Texas file on the ground of insupportability, which means the marriage cannot be saved. You will also pay a filing fee when you submit your petition to the district clerk.

How Is Your Spouse Notified Once You File for Divorce?

After you file, your spouse must be formally notified about the case. This is called service of process. A process server, constable, or sheriff can deliver the papers in person, or your spouse can sign a waiver agreeing to accept notice without a formal delivery.

If your spouse is willing to cooperate, signing a waiver can simplify this step. 

What Happens During the 60-Day Waiting Period in a Texas Divorce?

Texas law generally requires a minimum of 60 days between the day a petition is filed and the day a judge can finalize the divorce. Texas Family Code Section 6.702 provides exceptions in certain cases involving family violence or protective orders. 

This waiting period gives both spouses time to consider their decision and negotiate a settlement before the divorce becomes final.

If you have children or shared property, the court may hold a temporary orders hearing early in your case. This hearing sets short-term rules for things like where the children will primarily live, who pays which bills, and who stays in the family home while the divorce is pending. These orders are not permanent, but they do shape daily life for your family until the case is resolved. 

How Does a Divorce Case in Texas Come to a Close?

Most divorce cases end in one of two ways. If both spouses reach an agreement on issues such as property division, custody, and support, the case proceeds as an uncontested divorce, and a judge can finalize it during a short prove-up hearing without the need for a trial.

When spouses cannot reach an agreement on one or more issues, the case moves toward trial, where a judge hears evidence and makes the remaining decisions. This process typically takes longer and may include discovery and pretrial hearings before a judge issues a ruling.

Regardless of how the case is resolved, it concludes with a signed final decree of divorce. This document is legally binding, terminating the marriage, finalizing the division of property and debts, and establishing any orders related to custody, visitation, or support.

Schedule a Free Consultation with a Houston, TX Divorce Attorney

Our compassionate Harris County, TX family law lawyers at The Cusic Law Firm, P.C. are here to sit down with you, answer your questions, and help you feel supported from your very first phone call. Attorney Dessiray Cusic has been Board Certified in family law since 2014, and she is a certified mediator who regularly helps families reach agreements outside of court. Whether your case is simple or more complicated, we will walk beside you every step of the way. Call 713-650-1866 today to schedule your free consultation.