What to Expect During the Texas Divorce Process

Divorce is one of the most significant legal and personal transitions a person can go through. For most people, it involves unfamiliar legal procedures, high emotional stakes, and decisions that will affect their financial situation, their relationship with their children, and their daily life for years to come. The Texas divorce process has specific procedural requirements, mandatory waiting periods, and a framework for resolving property, support, and custody issues that is distinct from the laws of other states.

Understanding the process before it begins — what the stages are, how long it takes, what decisions are made at each stage, and what factors affect the outcome — gives individuals a more realistic basis for planning and for working effectively with legal counsel. It also helps identify the issues that are most likely to affect a particular case and where the most consequential decisions will be made.

Cuccia Wilson, PLLC represents individuals in divorce and family law matters in Dallas, Cleburne, and across North Texas. Michael Wilson handles family law from the firm’s Cleburne office. Below, we explain the key stages of a Texas divorce, the mandatory waiting period, temporary orders, mediation, property division, and spousal maintenance.

The Key Stages of a Texas Divorce

A Texas divorce moves through a defined sequence of stages, though the length and complexity of each stage varies significantly depending on whether the divorce is contested:

Stage	What Happens	Key Considerations
Filing the petition	The petitioner files an Original Petition for Divorce in the district court of the appropriate county; the 60-day waiting period begins	Residency requirements: 6 months in Texas, 90 days in the county; fault or no-fault grounds must be stated
Service and response	The respondent is served with the petition and has 20 days plus the next Monday to file an Answer; failure to answer can result in a default	Respondent may also file a Counter-Petition asserting their own claims; waiver of service is available by agreement
Temporary orders	Either party may request temporary orders governing custody, support, use of property, and restraining provisions while the case is pending	Temporary orders establish the status quo that often influences the final decree, particularly for children’s living arrangements
Discovery	Formal exchange of financial information, documents, and sworn answers to written questions; depositions may be taken in complex cases	Financial disclosure is comprehensive; failure to disclose assets can result in sanctions and affect the final property division
Mediation	Structured negotiation with a neutral mediator; courts in most Texas jurisdictions require mediation before setting a trial date	Mediated Settlement Agreements are binding and irrevocable once signed; the vast majority of Texas divorces settle at or before mediation
Final trial or prove-up	If the case is contested, the judge hears evidence and issues rulings on all unresolved issues; if settled, a brief “prove-up” hearing confirms the agreement	The Final Decree of Divorce is signed by the judge and becomes the binding, enforceable order governing all issues

Grounds for Divorce in Texas: Fault and No-Fault

Texas is a mixed fault and no-fault divorce state. The Texas Family Code recognizes both a no-fault ground and several fault-based grounds for divorce:

• Insupportability (no-fault) — the marriage has become insupportable because of discord or conflict that destroys the legitimate ends of the marriage relationship, with no reasonable expectation of reconciliation; this is the most commonly stated ground and does not require either party to have done anything wrong
• Cruelty — one spouse treated the other with such cruelty that living together is insupportable
• Adultery — one spouse committed adultery during the marriage
• Conviction of a felony — one spouse has been convicted of a felony, imprisoned for at least one year, and not been pardoned
• Abandonment — one spouse left the other with the intention of abandonment and remained away for at least one year
• Living apart — the spouses have lived apart without cohabitation for at least three years
• Confinement in a mental hospital — one spouse has been confined in a state mental hospital for at least three years

Fault grounds matter in Texas because courts may consider a party’s fault in the breakup of the marriage when making property division decisions. A finding of adultery or cruelty may support awarding the innocent spouse a disproportionately larger share of the community estate.

Temporary Orders: Governing the Household While the Divorce Is Pending

Temporary orders are among the most practically significant proceedings in a contested divorce. They establish the household’s operating rules — who lives where, who pays what, where the children are and on what schedule — during what can be a lengthy proceeding. The importance of temporary orders extends beyond immediate practicality: courts often view the arrangement established in temporary orders as the default from which deviation requires justification, particularly with respect to the children’s living arrangements.

Typical subjects addressed by temporary orders include:

• Exclusive use of the family home — designating which spouse remains in the marital residence during the proceedings
• Temporary conservatorship and a possession schedule for the children — establishing where the children primarily live and the schedule for each parent’s time
• Temporary child support — calculated under the guideline formula based on the obligor’s income at the time
• Temporary spousal support — if warranted to maintain the lower-earning spouse’s ability to meet living expenses pending the divorce
• Standing mutual injunctions — preventing both parties from dissipating community assets, opening new debt, harassing the other party, or removing the children from the jurisdiction
• Payment of ongoing household obligations — mortgage, utilities, insurance, and similar recurring expenses

Property Division in a Texas Divorce

Texas is a community property state. Assets and debts acquired during the marriage are generally community property, owned equally by both spouses. Assets owned before the marriage, or received as gifts or inheritances during the marriage, are separate property that belongs solely to the spouse who owns them and is not subject to division in divorce.

In a Texas divorce, the court divides the community estate in a manner that is “just and right,” which under Texas Family Code § 7.001 does not necessarily mean a 50/50 split. Factors that courts may consider when making a just and right division include:

• The fault of either party in the breakup of the marriage (adultery, cruelty)
• The disparity in the earning capacities and financial circumstances of the spouses
• The relative ages and health of the parties
• The size of the separate estate of each spouse
• Business opportunities available to each spouse
• The benefits the innocent spouse would have received from the continuation of the marriage
• The presence of children in the home and the custodial parent’s needs

Characterizing property correctly as community or separate — and tracing separate property contributions through bank accounts, real estate transactions, and business interests — is one of the most technically demanding aspects of Texas divorce litigation. Property that was separate at the time of marriage can become commingled with community property over time, making the tracing analysis complex and expert-testimony-intensive in high-asset cases.

Spousal Maintenance in Texas: Eligibility and Limits

Texas takes a restrictive approach to court-ordered spousal maintenance compared to many other states. Under Texas Family Code § 8.051, a spouse must meet specific eligibility criteria to seek maintenance:

• The marriage lasted at least 10 years and the spouse seeking maintenance lacks sufficient property to provide for their minimum reasonable needs and cannot earn enough to meet those needs
• The spouse seeking maintenance is a victim of family violence committed by the other spouse during the marriage or within two years before filing
• The spouse seeking maintenance is unable to earn sufficient income due to an incapacitating physical or mental disability
• The spouse seeking maintenance is the primary caregiver for a child of the marriage who requires substantial care due to a physical or mental disability

When maintenance is awarded, Texas law caps the amount at the lesser of $5,000 per month or 20% of the paying spouse’s average monthly gross income. The duration is also limited based on the length of the marriage — a maximum of 5 years for a marriage of 10–20 years, 7 years for 20–30 years, and 10 years for 30 or more years. Courts award maintenance for the shortest reasonable period that allows the recipient to meet minimum reasonable needs.

Contractual alimony — a voluntary agreement between the parties for support payments — is available without these statutory restrictions and is enforceable as a contract rather than a court order. Parties frequently negotiate contractual alimony as part of a divorce settlement when statutory maintenance would not be available or would not fully address the financial circumstances.

Divorce Representation in Dallas, Cleburne, and North Texas

Cuccia Wilson, PLLC represents individuals navigating divorce in Dallas, Cleburne, and across North Texas. Michael Wilson handles family law matters from the firm’s Cleburne office, providing representation through every stage of the Texas divorce process — from filing and temporary orders through discovery, mediation, and trial when necessary.

Every divorce involves a combination of legal issues, financial analysis, and deeply personal circumstances that require careful attention at each stage. The decisions made in the early stages — about temporary orders, asset characterization, and custody arrangements — frequently shape the ultimate outcome. Early legal guidance is the most effective way to approach the process with clarity and protect what matters most.

Frequently Asked Questions: The Texas Divorce Process

What are the residency requirements to file for divorce in Texas?

Texas Family Code § 6.301 establishes the residency requirements for filing a divorce in Texas. At least one spouse must have been a domiciliary (legal resident) of the State of Texas for the preceding six-month period. Additionally, the divorce must be filed in the county where at least one spouse has resided for the preceding 90-day period. Both requirements — six months in Texas and 90 days in the county — must be satisfied before the petition can be filed. If neither spouse meets the residency requirements at the time one spouse wants to file, the filing must wait until the requirements are satisfied. Residency requirements also affect which state’s law governs the division of property, particularly for couples who have lived in multiple states during the marriage, as different states treat marital property very differently.

What is the 60-day waiting period in a Texas divorce?

Texas Family Code § 6.702 establishes a mandatory 60-day waiting period between the filing of a divorce petition and the date on which a divorce decree may be signed. The waiting period begins on the date the petition is filed and cannot be waived by agreement of the parties. Even in an uncontested divorce where both parties agree on all terms, the court cannot finalize the divorce until the 60-day period has elapsed. There is a limited exception for family violence: if the respondent has been convicted of a family violence offense against the petitioner or a member of the household, or if a protective order has been issued, the court may grant the divorce before the 60-day period expires. The 60-day period is a floor, not a ceiling — in contested divorces, the case will almost always take considerably longer than 60 days to resolve.

What is the difference between contested and uncontested divorce in Texas?

A Texas divorce is uncontested when both spouses reach a complete agreement on all issues — division of property and debts, spousal maintenance if applicable, conservatorship and possession of children, and child support — without requiring the court to decide any disputed matter. Uncontested divorces can move through the process relatively quickly once the 60-day waiting period has passed and are generally less expensive than contested cases. A divorce is contested when the parties cannot reach agreement on one or more issues and require the court to resolve those disputes. Contested divorces involve formal litigation procedures: temporary orders hearings, discovery, expert witnesses in some cases, mediation (which Texas courts typically require), and potentially a final trial. The length, cost, and emotional difficulty of a divorce are directly correlated with the degree of conflict and the number of contested issues. Even in a divorce that begins as contested, the vast majority of Texas divorces ultimately settle before trial — most often through mediation.

What are temporary orders and why do they matter in a Texas divorce?

Temporary orders are court orders entered early in the divorce proceedings that govern the parties’ conduct and establish interim arrangements while the case is pending. They address the practical reality that a divorce may take months or more than a year to finalize, and that the parties and their children need a stable framework in the meantime. Temporary orders may address: who occupies the family home during the pendency of the divorce; temporary conservatorship and a possession schedule for the children; temporary child support; temporary spousal support if warranted; restraining orders preventing either party from dissipating marital assets, harassing the other party, or relocating children; and payment of ongoing bills, mortgage, and household expenses. Temporary orders are entered either by agreement of the parties or after a contested temporary orders hearing. They are important strategically because they often establish the status quo that the final decree tends to mirror — particularly with respect to the children’s living arrangements — and because violations of temporary orders can have consequences in the final proceedings.

Is mediation required in a Texas divorce?

Mediation is not automatically required by statute in all Texas divorces, but Texas courts in most jurisdictions — and particularly in Dallas, Tarrant, Collin, and Johnson counties — routinely order the parties to attend mediation before setting a final trial date. Mediation is a structured negotiation process facilitated by a neutral third-party mediator who helps the parties explore settlement options and reach agreement on disputed issues. The mediator does not decide the case — any resolution must be voluntarily agreed to by both parties. Texas Family Code § 6.602 allows courts to refer divorce cases to mediation, and courts routinely do so because mediation resolves a very high percentage of divorce cases that would otherwise require trial. An agreement reached at mediation is typically memorialized in a Mediated Settlement Agreement (MSA), which under Texas law is binding and irrevocable once signed by both parties and their attorneys — meaning neither party can walk away from an MSA simply because they change their mind after signing.

How does Texas divide property in a divorce?

Texas is a community property state. Under Texas Family Code § 3.002, property acquired during the marriage by either spouse is presumed to be community property — owned equally by both spouses. Separate property, which is property owned before the marriage, received as a gift, or inherited during the marriage, belongs solely to the spouse who owns it and is not subject to division. In a divorce, the court divides community property in a manner it finds “just and right,” which under Texas Family Code § 7.001 does not necessarily mean equal. Courts may consider factors including the fault of a party in the breakup of the marriage (adultery, cruelty), the relative earning capacities of the spouses, the health and ages of the parties, the benefit of any innocent spouse, and other relevant circumstances when determining a just and right division. The characterization of property as separate or community — and the tracing of separate property contributions through commingled accounts — is one of the most complex and frequently contested aspects of Texas divorce litigation.

What is spousal maintenance in Texas, and who qualifies?

Spousal maintenance — sometimes called alimony — is a court-ordered payment from one spouse to the other following divorce. Texas takes a restrictive approach to spousal maintenance compared to many other states. Under Texas Family Code § 8.051, a spouse is eligible to seek maintenance only in specific circumstances: the marriage lasted 10 or more years and the spouse seeking maintenance lacks sufficient property to provide for their minimum reasonable needs and lacks earning ability to meet those needs; the spouse seeking maintenance is the victim of family violence committed by the other spouse during the marriage; or the spouse seeking maintenance has a physical or mental disability that prevents self-support, or is the primary caregiver for a disabled child that prevents self-support. The amount of maintenance is limited to the lesser of $5,000 per month or 20% of the paying spouse’s average monthly gross income. The duration is limited based on the length of the marriage, with a maximum of 10 years for marriages of 30 or more years. Contractual alimony — voluntary agreement between the parties to make support payments — is available without these statutory restrictions and is enforceable as a contract.

How can Cuccia Wilson assist with a divorce in Dallas, Cleburne, and North Texas?

Cuccia Wilson, PLLC represents individuals navigating divorce and family law matters in Dallas, Cleburne, and across North Texas. Michael Wilson handles family law matters from the firm’s Cleburne office, providing experienced guidance through every stage of the divorce process — from filing and temporary orders through discovery, mediation, and, when necessary, trial. Divorce involves legal, financial, and personal dimensions that are deeply interconnected, and the decisions made at each stage — about temporary arrangements, asset characterization, child conservatorship, and settlement — have lasting consequences. Early legal counsel is consistently the most effective way to approach the process with clarity, protect rights, and position the case for the best possible outcome.

Speak With a Family Law Attorney in Dallas or North Texas

Divorce involves legal, financial, and personal dimensions that are deeply interconnected, and the decisions made at each stage have lasting consequences. Understanding the process — and having experienced legal counsel to guide you through it — makes a meaningful difference in both the outcome and the experience of going through it.

Cuccia Wilson, PLLC represents individuals in divorce and family law matters in Dallas, Cleburne, and across North Texas. Contact our office to discuss your situation.

Contact Cuccia Wilson today!