Getting divorced in Texas can be challenging, but understanding state-specific requirements—residency rules, legal grounds, parenting plans, and related costs—can make the process more manageable. This guide offers a straightforward overview of each step, helping you make informed decisions with confidence.
At Separate Ways, we know divorce is about more than just court filings. It’s a major life transition that affects your finances, your family, and your future. That’s why we created a 100% free app and concierge service to help you stay organized, reduce conflict, and connect you with trusted Texas professionals when you need them most. Whether starting the process, working through complex issues, or simply reviewing your options, Separate Ways provides practical guidance, cost control, and clarity every step of the way.
Divorce is never straightforward, but understanding how it works in Texas provides clarity and confidence throughout the process. Texas calls divorce a “dissolution of marriage.” The state permits both no-fault and fault-based divorce — you do not have to prove misconduct for a no-fault filing. The common no-fault ground is “insupportability,” meaning the marriage cannot be reconciled.
Texas law recognizes two main types of divorce:
Contested Divorce: When spouses dispute major issues such as property division, custody, or support.
Uncontested Divorce: When both parties resolve all significant matters, resulting in a quicker, less costly, and less contentious process.
Maintaining a methodical, resolution-focused approach—avoiding escalation and conflict—ensures a smoother divorce in Texas.
Every state dictates its own divorce laws, and Texas is similarly straightforward. Essential requirements include:
Residency: At least one spouse must live in Texas for six months and in the county for ninety days before filing.
Filing Location: You file in the District Court for the county of residence.
Grounds for Divorce: Texas allows both no-fault (“insupportability”—irreconcilable differences) and statutory fault grounds, such as cruelty or adultery.
Waiting Period: Texas imposes a minimum 60-day waiting period from case filing to court decree, though contested cases can take substantially longer.
Mediation: Most Texas courts mandate or encourage mediation before trial, especially if children or property division are disputed.
Legal requirements shape the process, but true preparation—financial, practical, and emotional—defines successful outcomes in Texas divorces.
While each case is unique, the core steps for filing divorce in Texas are:
Prepare Your Documents.
The main document is the Original Petition for Divorce. Based on circumstances, you may also require a proposed parenting plan, financial affidavits, and a marital settlement agreement.
File With the District Clerk.
Submit your paperwork to the District Court clerk in your county and pay the filing fee (typically between $250–$350). Fee waivers may be granted for qualifying individuals.
Serve Your Spouse.
Your spouse must receive formal notice—usually via a process server, sheriff, or official service method.
Financial Disclosure.
Both parties must exchange detailed financial information, accounting for assets, debts, income, and expenses.
Mediation or Hearing.
Most courts require or encourage mediation prior to trial, particularly if contested issues or children are involved. Full agreement may allow you to skip court hearings entirely.
The Separate Ways app delivers Texas-specific guidance and resources to simplify each divorce filing step and maintain organization throughout the process.
Selecting the right attorney directly impacts the complexity and stress of your divorce experience. At Separate Ways, your Texas journey begins with a confidential questionnaire to assess your needs.
Based on your answers, we connect you to vetted, ethical, and affordable Texas divorce attorneys, mediators, or financial professionals best matched to your requirements.
Every network professional is reviewed for:
Integrity and ethical billing practices (no unnecessary charges or inflated fees).
Commitment to peaceful resolution wherever practical.
Experience in Texas family law and familiarity with local courts.
Our goal: connect you to the right Texas professional for your situation—without confusion, sales tactics, or pressure.
Learn more about Finding a Divorce Attorney in Texas
At Separate Ways, the right attorney determines your Texas divorce experience—outcomes and process. A confidential app questionnaire captures your situation, goals, and communication style. With this information, you receive recommendations for vetted Texas family law attorneys matching your needs, whether you want a mediator approach or expertise for complex disputes.
Each recommendation is precise—no blind matching or wasted consultation fees. The process saves you time, money, and stress by connecting you only to Texas professionals aligned with your requirements.
Divorce reveals extremes in legal services. Some attorneys inflate bills or fuel unnecessary conflict. Separate Ways screens every Texas attorney for integrity, transparency, and dedication to resolution.
Quality representation in Texas means clear communication, honest billing, and a relentless focus on moving clients through the process efficiently. Our network ensures cost control and excludes any professional who prolongs adversity or increases expenses.
Divorce costs in Texas vary depending on case complexity, cooperation, and the professionals involved. General overview:
Filing Fees: Roughly $250–$350 (county-dependent).
Uncontested Divorces: $500–$2,500 on average.
Contested Divorces: $7,000–$20,000+ if litigation escalates.
Mediation: Usually $200–$350 per hour, with fees shared by both spouses.
Using the Separate Ways app keeps things organized, helping you avoid unnecessary legal costs and reduce your overall expenses.
Texas divorce filing fees range from $250–$350 depending on the county. Your total cost depends on the complexity and whether parties cooperate:
Uncontested Divorce: Typically $500–$2,500 all-inclusive.
Contested Divorce: $7,000–$20,000+ when litigation is required.
Mediation: $200–$350 per hour, typically split between both parties.
Separate Ways helps minimize unnecessary expenses by supporting cooperation and connecting you only to professionals with fair, transparent pricing.
The simplest way to lower Texas divorce costs is through effective cooperation and mediation. Clear communication and mediation reduce attorney fees and total expense.
Mediation allows couples to resolve disputes out of court, prioritizing practical solutions. Many Texas counties favor or require mediation before trial, saving both time and money.
The Separate Ways app assists with resources for communication, organization, and mediation referrals to help progress calmly and cost-effectively.
If children are involved, Texas law requires a clear parenting plan covering custody (referred to as “conservatorship” and “possession”), parental rights, responsibilities, and child support.
Key points:
Parenting education programs may be ordered by courts for both parents.
Courts apply the best interest of the child standard, focusing on stability, cooperation, and safety.
Child support calculations use both parents’ incomes, number of overnight stays, and shared expenses.
Parents are encouraged to use co-parenting tools and apps for reliable, healthy communication.
Our app helps parents stay organized, track co-parenting arrangements, and access resources for constructive communication.
Texas does not use the word “custody” directly but assigns conservatorship roles to parents. Possession schedules specify time-sharing and responsibilities, with a preference for keeping both parents engaged.
A Parenting Plan is required in every divorce involving children, outlining:
Living arrangements and visitation schedules.
Decision-making for education, healthcare, and activities.
Communication protocols for handling changes and managing conflicts.
Parents can reach agreements through cooperation or mediation; otherwise, courts decide. Separate Ways keeps this process organized, providing tools for scheduling and communication.
Texas child support is determined by state formulas, factoring parent incomes, overnight counts, and shared expenses (health insurance, daycare, etc.). Payments are enforced by the Texas Attorney General Child Support Division.
Effective co-parenting relies on clear, consistent routines and communication. Separate Ways equips parents with co-parenting resources, organizational aids, and professional support—to minimize disputes and keep children’s interests central.
Texas follows the principle of community property—all assets and debts acquired during marriage are considered joint property and are divided in a manner deemed just and right, which may not always be equal.
Marital vs. Separate Property: Only property earned or acquired during marriage is divided; property owned before marriage or received by gift/inheritance remains separate.
Real Estate and Retirement Accounts: These often require expert valuation; retirement benefits earned during marriage may be split, typically via a Qualified Domestic Relations Order.
Alimony (Spousal Maintenance): Texas awards maintenance only in limited cases (long marriages, disability, family violence), with strict eligibility and duration rules.
The Separate Ways app includes a Marital Asset Inventory Tool to help you organize, document, and value assets and debts before negotiations begin.
Texas strongly encourages mediation to settle disputes before trial. Mediation lets spouses resolve differences with a neutral facilitator—to reach fair agreements, reduce conflict, and save time, money, and stress.
The Separate Ways app connects you to qualified Texas mediators focused on resolution—not perpetuating conflict.
Divorce touches more than finances and paperwork—it affects emotional stability, confidence, and peace of mind.
Guidance:
Allow time for emotional adjustment.
Communicate thoughtfully, especially with children.
Seek support from counselors or trusted contacts when needed.
Focus on progress, not past disputes.
Divorce is a transition; it doesn’t define your future but creates room for renewal.
Separate Ways is your free all-in-one Texas divorce companion—designed to streamline every step.
Texas residents can:
Access personalized guidance across legal, financial, and emotional concerns.
Use local filing resources for every Texas county.
Employ built-in tools for organizing assets and managing co-parenting plans.
Get matched with ethical, affordable Texas professionals, including attorneys, financial advisors, and mediators.
Goal: make divorce easier, faster, cheaper, and more peaceful—helping you move forward with clarity and control.
