Understanding the Texas Divorce Process: A Step-by-Step Guide
Daniel Ogbeide
A woman is holding a wedding ring on her finger.

Going through a divorce is emotionally and legally complex. If you’re considering divorce in Texas, it's essential to understand the process to protect your rights and plan for the future. Here’s a step-by-step guide to the Texas divorce process, especially tailored for those wondering how to file for divorce in Houston.

1. Meet the Residency Requirements

Before you can file:

  • One spouse must have lived in Texas for at least 6 months.

  • One spouse must have lived in the county of filing for at least 90 days.

This means you can’t just move to Houston and immediately file for divorce.

2. File the Divorce Petition

To start the process, the Petitioner files an Original Petition for Divorce with the county court (typically Harris County for Houston residents). This document outlines the legal grounds for divorce and initiates the case.

3. Serve Your Spouse

The other party (the Respondent) must be officially notified. This is done through service of process—usually by a sheriff or constable. Once served, your spouse has a set period to respond.

4. Observe the 60-Day Waiting Period

Texas requires a mandatory 60-day waiting period before a divorce can be finalized (exceptions apply in cases of family violence). This gives both parties time to consider reconciliation or prepare for negotiations.

5. Temporary Orders and Discovery

During the waiting period, the court may issue temporary orders regarding custody, property use, or support. Both parties may also exchange information through discovery to prepare for trial or settlement.

6. Mediation or Settlement Negotiations

Most Texas divorces are resolved through mediation or informal settlements. A well-negotiated agreement can save time and court costs.

7. Final Hearing and Divorce Decree

If settlement isn’t reached, the case proceeds to a court hearing. A judge will decide on unresolved issues such as property division, child custody, and support. Once approved, the court issues a Final Decree of Divorce, officially ending the marriage.

Conclusion

The Texas divorce process can be straightforward with the right legal guidance. If you’re wondering how to file for divorce in Houston, working with an experienced attorney can make all the difference.