The Divorce Process in Texas

Ending a marriage is a major life change, legally and emotionally. At The Law Office of Oprea & Weber, our Austin divorce lawyers help individuals and couples understand exactly what to expect from the divorce process under Texas law, so you can make informed decisions and move forward with confidence. Below is an overview of how divorce works in Texas, with notes on where agreement helps, what court requirements you’ll encounter, and how you can minimize conflict.

Step 1: Residency Requirements & Deciding to File

Before you can file for divorce in Texas, you or your spouse must meet the residency requirements. First, at least one spouse must have been a resident of Texas for at least six months. Additionally, at least one spouse must have been a resident of the county where you file (e.g., Travis County, if you’re in Austin) for at least 90 days.

Once those requirements are met, one spouse (the “Petitioner”) can decide to file a divorce petition to begin the process. Even if the other spouse doesn’t want the divorce or doesn’t agree with everything, Texas law does not require consent to begin.

Step 2: Filing the Petition and Serving the Other Party

The legal process begins with filing an Original Petition for Divorce in the proper district court. This document lays out the basic facts of your marriage, what you’re asking for regarding property, child-related matters (if any), and other relief.

After filing with the court, the other spouse (the “Respondent”) must be formally served with the petition and a citation. This gives them legal notice that the divorce has been filed. Service can be done in various ways (personal delivery, process server, certified mail, etc.), depending on circumstances.

The Respondent usually has a set window (often about 20 days) to file an answer after being served. If they do not respond, the case may proceed by default in many respects.

Step 3: Temporary Orders

While the divorce is pending, there are often urgent issues that need to be addressed immediately, such as:

Where the children will live, or who has possession and access
Who pays what bills, including child support or temporary spousal support
Who stays in the family home or uses certain assets before the final divorce decree

Either spouse can request temporary orders to address matters like these. These are temporary court orders designed to maintain stability during the divorce process. The attorneys at The Law Office of Oprea & Weber help clients prepare and argue for fair temporary orders and help negotiate them to avoid unnecessary conflict.

Step 4: Waiting Period

There is a mandatory 60-day waiting period in Texas from the date the petition is filed before a court can finalize a divorce. You cannot get a final divorce decree before the 60 days have passed. This time allows for reflection, possible reconciliation, or for parties to work on settling issues. If spouses agree on all terms quickly, the rest of the process can move more smoothly, but the 60 days still must elapse.

Step 5: Negotiation, Mediation, or Agreement

If both spouses can agree on all the major issues applicable in their divorce, such as property division, child custody and support, and alimony (spousal maintenance), that’s often the fastest, least expensive, and least stressful path forward. The pathway to agreement might include collaborative divorce or cooperative divorce, mediation or settlement discussions, and drafting a detailed marital settlement agreement.

At The Law Office of Oprea & Weber, we encourage clients to negotiate or mediate whenever possible. We assist in drafting settlement agreements that are fair, clear, and ready to be approved by the court. Even during litigation, most divorce cases settle before trial if both sides see where the law and facts lead.

Step 6: Discovery (If Needed)

In contested cases where spouses don’t agree on certain issues, you will likely go through a step in litigation known as discovery. This phase includes collecting information and evidence, such as financial records (bank statements, tax returns, business valuations), appraisals of property, and evidence about parental fitness, living situations, or child care arrangements.

Discovery ensures both parties know the facts, which helps in negotiation or, if necessary, in hearings and trial. The Law Office of Oprea & Weber helps clients gather, organize, and present this information accurately and persuasively.

Step 7: Hearings and Trial (If Needed)

If some issues remain unresolved, the court will hold hearings. These may include:

Temporary orders hearing
Hearings on specific issues (custody, support, asset valuation)
Final hearing or trial, where both sides present evidence and arguments

However, most divorces do not go to a full trial. Many disputes are resolved through negotiation, mediation, or settlement conferences. Even in litigated divorces, the goal is often to reach a settlement that the court can approve. When a case seems headed toward litigation, our attorneys prepare as though trial is possible, ensuring that your case is strong, while working toward resolution whenever possible.

Step 8: Final Divorce Decree

Once all issues are resolved, either by settlement or trial, the judge signs a Final Divorce Decree. This document legally ends the marriage and includes final court orders regarding property division, custody, visitation schedules, child support, spousal maintenance, and any other matters relevant to the dissolution of the marriage.

After the decree is signed, all court orders become legally binding and enforceable. It’s essential that the terms are clearly written, practical, and cover all necessary areas, so there is less chance for misunderstanding in the future.

Step 9: Post-Divorce Considerations

Even after the divorce decree is entered, there may be follow-up steps or issues, including:

Modifying orders if circumstances change (custody, support, etc.)
Ensuring property transfers or title changes are completed
Dealing with enforcement if one party does not comply with the decree

The Law Office of Oprea & Weber routinely helps clients with post-divorce modifications when necessary to account for changed circumstances.

How Long Does the Divorce Process Typically Take?

While the 60-day waiting period sets the minimum, most divorces take longer, depending on how quickly or slowly the parties agree on issues, whether children are involved, the complexity of financial/property matters, and court scheduling. In Austin, an uncontested divorce might finish shortly after 60 days if everything is agreed and paperwork is properly completed, whereas contested or more complex divorces can take many months.

Why Having an Experienced Attorney Matters

Because the divorce process involves legal requirements, deadlines, and many technical details, having a skilled lawyer can make a big difference. At The Law Office of Oprea & Weber, we assist our clients by ensuring all documents are correctly completed and filed. Importantly, we lend our expertise to negotiate settlement agreements that reflect your goals and protect your rights. Our lawyers prepare for temporary orders and discovery to avoid surprises and strategize for hearings and trial (if needed), but always with an eye toward resolution outside court when possible. Throughout it all, we provide clear guidance so you know what to expect, where delays may come, and how best to avoid them.

We take a boutique, client-centered approach where you can personally relate to your attorney. In your divorce process, we will sit down early with you to understand your goals, values, and concerns. We’ll map out which divorce pathway makes most sense (uncontested, mediated, collaborative, cooperative, etc.). Our team will help you gather what’s needed (financial records, asset lists, custody proposals, etc.), and draft agreements or present your case with precision and care. We keep communication clear, explaining what Texas law requires and what courts typically expect in Travis County and the Austin area.

Our approach is not about forcing conflict; it’s about providing capable advocacy and structured guidance so you can reach a resolution that you can live with. Contact our Austin divorce lawyers to get started with a conversation regarding your needs and goals for the future.