Texas Divorce Guide
A simple guide to navigate Texas divorce
Texas Divorce Guide
Going through a divorce can be one of the most stressful and difficult times of your life.
This guide aims to provide you with information about the divorce process in Texas and answer frequently asked questions.
This is a general overview of the divorce process.
On this page you will also find information for people who can help you with the divorce process.
Divorce Rates
According to the Center for Disease Control, in 2022, 673,989 divorces were reported in the United States. Forbes estimates that about 43% of first marriages will end in divorce.
In the state of Texas, the divorce rate for 2022 was 1.9 per 1,000 population. Although the number of people filing for divorce has been dropping year after year, divorce remains a difficult and often complicated process.
Agreed Divorce
Contested Divorce
Will this be an Agreed Divorce? Or will this be a Contested Divorce?
Typically, divorces can be “agreed” or “contested.”
What is an “agreed” divorce?
Divorces are “agreed” when you and your spouse both agree to all the terms of the divorce, including custody, visitation, support, and division of property; and when both are willing to sign the divorce papers.
When is a divorce “contested?”
Divorces are “contested” when you and your spouse are unable to agree to one or more of the terms of the divorces, or when your spouse is unwilling to sign the divorce papers.
Agreed divorces are faster and often cheaper for both parties while contested divorces can be expensive and lengthy.
When parties are in agreement, they can choose to modify their divorce terms in any way they deem fit. This includes customized visitation schedules and custom support payments.
What about my property?
Texas is a “community property” State. The Court will aim to split your property in a “just and right" division.
Community Property
Texas is a “Community Property” State, this means that in most cases, money and property obtained during the marriage legally belongs to both spouses regardless of who obtained them. There are exceptions to this rule.
All other property is called “Separate Property.”
“Separate Property” is not able to be divided by a Court of law.
At all times the you and your spouse can reach an agreement to split your property how you see fit.
The Divorce Process
Step 1: Filing for Divorce
After filing for divorce in the county where you live, you must wait at least 60 days before finalizing the divorce. There are some exceptions to this rule.
Who can file?
Either party can file for divorce.
Divorces can be filed for “insupportability” which basically means differences or “no fault” or for fault such as cruelty, adultery and other fault grounds.
The person who files is called the petitioner and the person wh0 did not file is called the respondent.
The respondent can either file an answer, a counterpetition or simply accept the papers and do nothing at all. There may be consequences for not filing anything at all such as a default divorce. In a default divorce, you do not get a say as to what terms you want and the judge makes a ruling without your input.
Where do you file?
The divorce must be filed in the county where either party has lived in for the past 90 days, so long as both parties have lived in Texas for at least 6 months. If one party lives outside of Texas, they can still file in Texas as long as their spouse has lived in Texas 6 months.
See Tex. Fam. Code §6.301 and §6.302
Does my spouse need to be “served?”
YES, Texas law states that every person must be formally notified that a lawsuit has been filed against them. This means you can’t simply tell them about it. There are specific rules you need to follow for someone to be legally “served.” Your attorney will coordinate this service of process for you.
Step 2: Hearing or Agreement
One of the most important decisions will be whether you can reach an agreement with your spouse or if the you will need a judge or jury to intervene. Agreed divorces are typically faster and cheaper for the parties. Many times it makes no sense to spend time and money on issues that are not as important. For example, there is no point in spending $5,000.00 fighting over a $1,000.00 entertainment center. If you cannot reach an agreement with your spouse, you will need to set a “hearing” in front of the judge. During this hearing, you will get an opportunity to present your case and ask the judge to rule in your favor. Your attorney would handle everything regarding this hearing.
Do I need to go to Mediation?
Many counties in Texas, such as Bexar County, force parties to attend mediation before ever reaching a final court date. Mediation is a helpful process in which a mediator helps the parties and their lawyers negotiate an agreement.
What if we can’t agree even in Mediation?
There are only a few options when no agreement has been made between the parties. The parties, after gathering all the necessary information or documents, can request a bench trial, or “hearing” or a jury trial. A bench trial is a trial where there is no jury, only a judge. A jury trial is what you’ve seen in movies or tv shows. 12 jurors get to hear and ultimately decide your case. Trial is a complex animal and you should consider speaking to an attorney who has experience in trial.
Step 3: Finalizing your Case
Whether you reach an agreement with your spouse, reach an agreement in mediation, or have a judge or jury make the final decision, the attorney will the prepare a document called a “Final Decree” that contains all of the terms of your divorce.
What is a “prove-up” hearing?
A “prove-up” hearing is a short hearing in uncontested cases where you appear in front of the judge to give evidence and testimony and ask the judge to approve the terms of your divorce. Once the judge has approved, he will sign the decree and you will officially be divorced.
A divorce can be one of the most stressful and difficult times of your life. It is always smart to speak to an attorney and hiring an experienced attorney to handle your case. Attorney Juan P. Laurents is experienced in every aspect of Divorce Law and may be able to help you in such difficult times.
NOTICE: This guide aims to provide you with basic information about the divorce process in Texas and answer frequently asked questions. This is a general overview of the divorce process and is not to be interpreted as legal advice in any way shape or form.