No two divorces follow exactly the same path, but every Texas divorce moves through the same basic framework, set by the Texas Family Code. Knowing that framework in advance can make the process less confusing and show which decisions are urgent.
A divorce cannot be filed in just any county. Section 6.301 of the Texas Family Code, the general residency rule, says a suit for divorce may not be maintained in Texas unless, at the time the suit is filed, either the petitioner or the respondent has been a domiciliary of Texas for the preceding six-month period and a resident of the county where the suit is filed for the preceding 90-day period. The Family Code handles a few special situations differently, but for a family that recently moved, both clocks are worth checking before anything is filed.
Texas allows a no-fault divorce. Under Section 6.001, a court may grant a divorce without regard to fault if the marriage has become insupportable because of discord or conflict of personalities that destroys the legitimate ends of the marital relationship and prevents any reasonable expectation of reconciliation. The Family Code also lists other grounds, most of them fault-based, in Sections 6.002 through 6.007: cruelty, adultery, conviction of a felony, abandonment, living apart without cohabitation for at least three years, and confinement in a mental hospital. Whether to plead a fault ground is a question to discuss with a lawyer. Under Section 6.402, a petition is sufficient without specifying the underlying evidentiary facts if it alleges the grounds substantially in the language of the statute.
The case begins when one spouse, the petitioner, files a petition. Section 6.401 provides that pleadings in a suit for divorce are styled "In the Matter of the Marriage of" the two spouses. Section 6.406 requires the petition to state whether there are children of the marriage under 18 or otherwise entitled to support, and when no other court has continuing jurisdiction over the children, the divorce must include a suit affecting the parent-child relationship. In practice, the same case then decides conservatorship, possession and child support along with the property.
The other spouse, the respondent, may file an answer. Even if no answer is filed, Section 6.701 provides that in a suit for divorce the petition may not be taken as confessed, so a missing answer does not by itself decide the case in the petitioner's favor.
A divorce can take months, and life does not pause while it is pending. Section 6.501 allows the court, after a divorce is filed, to grant a temporary restraining order for the preservation of property and the protection of the parties. Section 6.502 allows the court, after notice and a hearing, to make temporary orders while the case is pending, including orders requiring a sworn inventory and appraisement of property, payments for the support of either spouse, exclusive occupancy of the residence for one spouse, and limits on spending beyond reasonable and necessary living expenses.
Much of the work in a divorce is gathering information and trying to reach agreement. Under Section 6.602, a court may refer a divorce to mediation on the written agreement of the parties or on its own motion. A mediated settlement agreement is binding if it carries a prominently displayed statement that it is not subject to revocation and is signed by each party and by each party's attorney who is present when it is signed. The same section allows a party to object to mediation on the basis of family violence committed against that party by the other spouse.
Spouses can also reach their own written agreement on dividing property and debts. Under Section 7.006, if the court finds the terms of that agreement just and right, they are binding on the court.
Texas has a mandatory waiting period. Section 6.702 says the court may not grant a divorce before the 60th day after the date the suit was filed. The statute makes exceptions where the respondent has been finally convicted of, or received deferred adjudication for, an offense involving family violence against the petitioner or a member of the petitioner's household, or where the petitioner has an active protective order or magistrate's order for emergency protection based on family violence committed during the marriage. For most families, 60 days is a minimum, not an estimate. A contested case can take far longer.
The case ends with a final decree of divorce, signed after the spouses present an agreement or after a trial. Section 7.001 tells the judge to divide the marital estate in a way that is just and right, giving due regard to each spouse's rights and to any children of the marriage; it does not call for equal shares. If a party asks, Section 6.711 obliges the court to put its findings of fact and conclusions of law in writing, explaining how it characterized and valued the disputed property and debts.
It helps to think of divorces in two broad categories. On its family law page, the Houston firm The Bowen Law Firm, PLLC explains that in an uncontested divorce both spouses agree on all terms, while a contested divorce occurs when they cannot agree on one or more issues. The firm's page also describes mediation and collaborative divorce as ways to work toward agreement. Even in an agreed case, the steps above still apply, including the residency rules and the 60-day waiting period.
This article is general information, not legal advice. Every family's situation is different; for advice about yours, speak with a licensed Texas attorney.