How to File for Divorce in Texas: A Step-by-Step Guide (2026 Update)

Filing for divorce can feel overwhelming at the start. Between legal requirements, timelines, and important decisions, it’s not always clear where to begin. Understanding the basic steps involved in a Texas divorce can help you move forward with more confidence and fewer surprises.

While every case is different, most divorces follow a similar process under Texas law.

Step 1: Confirm Residency Requirements

Before filing, at least one spouse must meet Texas residency requirements:

• Lived in Texas for at least six months, and 

• Lived in the county where filing will occur for at least 90 days 

Filing in the correct county ensures the court has jurisdiction over your case.

Step 2: Prepare and File the Original Petition for Divorce

The divorce process officially begins when one spouse files an Original Petition for Divorce with the district court. This document outlines:

• The request to dissolve the marriage 

• Basic information about the parties 

• General issues such as property division or child-related matters 

Once filed, the court assigns a case number and judge.

Step 3: Notify the Other Spouse

After filing, the other spouse must be formally notified. This can happen in two primary ways:

• Service of process by a constable or process server, or 

• Waiver of service, if the other spouse agrees to sign acknowledgment 

Proper notice is required before the case can move forward.

Step 4: Observe the 60-Day Waiting Period

Texas law requires a minimum 60-day waiting period from the date of filing before a divorce can be finalized, with limited exceptions.

This period provides time for both parties to consider their options and work toward resolving outstanding issues.

Step 5: Address Temporary Orders (If Needed)

If immediate issues arise—such as living arrangements, bills, or parenting schedules—the court may issue temporary orders. These orders can establish:

• Temporary custody and parenting time 

• Financial responsibilities 

• Use of the marital home 

Temporary orders remain in place until the divorce is finalized or modified.

Step 6: Exchange Information and Negotiate

Both parties may need to exchange financial and other relevant information to address:

• Division of property and debts 

• Child custody and support 

• Other outstanding matters 

Many cases are resolved through negotiation or mediation. Texas courts often encourage mediation to help parties reach agreement before trial.

Step 7: Finalize the Divorce

Once all issues are resolved, the terms are included in a Final Decree of Divorce. A judge must review and sign the decree for the divorce to become official.

The final decree outlines:

• Property division 

• Custody and parenting schedules 

• Child support or spousal maintenance, if applicable 

After the decree is signed, the divorce is complete.

Contested vs. Uncontested Cases

Some divorces proceed smoothly when both spouses agree on all terms. Others involve disagreements that require additional steps, such as hearings or trial.

Understanding whether your case is likely to be contested can help you prepare for the process ahead.

Preparing for Each Step

Being organized, responsive, and informed can help your case move more efficiently. Keeping records, following court orders, and maintaining clear communication—especially when children are involved—can make a meaningful difference.

Divorce is both a legal process and a personal transition. Taking it step by step can help reduce uncertainty along the way.

Understanding Your Next Steps

If you’re considering filing for divorce in Texas, having a clear roadmap can make the process feel more manageable. Each step—from filing to finalization—plays a role in shaping the outcome.

If you have questions about how to begin or what to expect, the family law team at Sims & Purzer is here to help. Share what’s happening, and we’ll walk you through your options and next steps. Schedule a consultation today and take the first step toward a resolution that supports your future.