Texas Divorce — Frequently Asked Questions

Texas divorce takes a minimum of 60 days from the date of filing — no divorce can be finalized before that date, regardless of how quickly the parties agree. For a simple uncontested divorce where paperwork is in order, the case may be finalized shortly after the 60-day period passes. Contested divorces typically take 6 to 18 months depending on the complexity of the issues, the Collin County court docket, the scope of discovery, and whether the case settles at mediation or goes to trial. Cases involving significant assets, business interests, or custody disputes tend to take longer.

Texas Family Code §6.702 requires a 60-day waiting period from the date the Original Petition for Divorce is filed before the court can grant the divorce. This period cannot be waived except in limited circumstances involving family violence. The waiting period begins on the filing date, not the date of service on the other spouse. Even if both spouses are in complete agreement and all paperwork is ready on day one, the divorce cannot be finalized until day 61 at the earliest.

Yes. Texas allows divorce without the other spouse's consent or participation. If your spouse refuses to respond or participate after being properly served, the court can enter a default judgment after the expiration of the 20-day answer period. A non-participating spouse loses the ability to present their side of the case, which significantly affects their rights to property and, if applicable, custody and child support. If your spouse is cooperative but you simply disagree on terms, that is a contested divorce — not a situation that prevents the case from moving forward.

The family home is community property if purchased with marital funds during the marriage, regardless of whose name is on the deed or the mortgage. There are three common approaches to the marital home in property division: one spouse buys out the other's equity (typically by refinancing the mortgage into their sole name), the home is sold and the net proceeds are divided, or the parties agree to a deferred sale — often used when children are in school and one parent remains in the home temporarily. The marital home is one component of the entire community estate; how it is handled depends on equity, each spouse's ability to qualify for financing, and the overall settlement structure.

Debt incurred during marriage is presumed to be community debt, just as assets are presumed to be community property. The divorce court can assign responsibility for debts to either spouse — but critically, this court assignment does not bind the creditor. If your spouse is ordered to pay a joint credit card or mortgage and defaults, the creditor can still pursue you for the balance. The cleanest resolution is to refinance joint debts into individual accounts or pay them off entirely with proceeds from asset sales as part of the overall property division settlement. We pay close attention to this issue because debt allocation mistakes can follow clients long after the decree is signed.

A Qualified Domestic Relations Order (QDRO) is a separate court order — distinct from the divorce decree itself — that instructs a retirement plan administrator to divide a retirement account between divorcing spouses. A QDRO is required to divide 401(k) plans, pensions, and most employer-sponsored retirement accounts. Without a properly drafted QDRO, the non-employee spouse receives nothing from the retirement account even if the divorce decree clearly provides for a share. QDROs must comply with both the language of the divorce decree and the specific requirements of the retirement plan. They are often drafted after the divorce decree is signed, and delays in preparing them can create problems. See our Property Division page for more on how retirement accounts are handled in Texas divorce.

Court-ordered spousal maintenance in Texas is available only in specific circumstances under Texas Family Code §8.051. The requesting spouse must first show an inability to meet minimum reasonable needs from their own property, and then must meet at least one additional criterion: the marriage lasted at least 10 years and the spouse cannot earn sufficient income; the other spouse was convicted of or received deferred adjudication for family violence; or the requesting spouse has a qualifying physical or mental disability. Even when eligible, maintenance is capped at the lesser of $5,000 per month or 20% of the paying spouse's average monthly gross income. Duration is also capped by statute. Separately, the parties can agree to contractual alimony, which is not subject to the statutory caps and can be structured more flexibly. For a complete breakdown of eligibility, amounts, and duration, see our Spousal Maintenance page.

Both spouses owe each other a fiduciary duty under Texas law to disclose all community assets and debts. When asset concealment is suspected, discovery tools can identify what has been hidden: Requests for Production of financial documents, subpoenas to banks and financial institutions, interrogatories about income and assets, depositions, and forensic accounting where business interests are involved. Courts take concealment seriously — a spouse who hides community assets breaches their fiduciary duty, and courts may respond by awarding the innocent spouse a disproportionate share of the community estate or imposing sanctions. If you suspect your spouse has underreported income or hidden assets, raise this concern early so discovery can be targeted appropriately.

Divorce involving children requires additional proceedings that address conservatorship (decision-making authority), possession and access (who has the children and when), and child support. Temporary orders for children are typically needed early in the case to stabilize living arrangements, school enrollment, medical decision-making, and interim support during the pendency of the divorce. The court must find that all child-related provisions in the final decree are in the children's best interest (Texas Family Code §153.002). These issues are often the most contested and emotionally difficult parts of a divorce. For a detailed look at parenting plans, the Standard Possession Order, and child support guidelines, see our Divorce with Children page. For custody matters specifically — including modification and relocation — see custody.yourfamilylawyer.net.

Mediation is a structured negotiation process with a neutral third-party mediator whose role is to help the parties reach an agreement — not to decide the outcome. The mediator has no authority to impose a resolution; any agreement reached in mediation is voluntary. Mediation is confidential, meaning nothing said in mediation can be used at trial. Most Collin County courts require mediation before trial in contested cases. The vast majority of cases that reach mediation resolve there — often after a full day of structured negotiations — avoiding the cost, delay, and uncertainty of trial. We prepare thoroughly for mediation because preparation directly affects outcomes. Uncontested cases that are already agreed do not typically require mediation.

It depends on what you want to change. Property division in a final divorce decree is permanent — it cannot be modified by either party after the decree is signed, with very limited exceptions such as fraud, duress, or mutual mistake that would support setting aside the decree entirely. This is why getting the decree language right the first time is so important. Child-related provisions — conservatorship, possession and access schedules, and child support — can be modified after the decree if there has been a material and substantial change in circumstances since the last order. Spousal maintenance can also be modified if circumstances have materially and substantially changed.

Texas does not legally require an attorney for an uncontested divorce, and some people do complete simple agreed divorces without one. However, the Final Decree of Divorce is a permanent court order that is extremely difficult to modify after it is signed. Drafting errors — how community property is described, whether retirement accounts are properly addressed with the correct QDRO language, how parenting provisions are written — can have lasting financial and practical consequences. Attorney review of an agreed decree is one of the most cost-effective steps you can take in any divorce, even if you and your spouse have already reached an agreement. The cost of fixing a drafting mistake after the fact almost always exceeds the cost of getting it right the first time.