Divorce is one of the most significant legal and emotional transitions a person can go through. For many Fort Worth residents, the process feels overwhelming before it even begins — not because the situation is hopeless, but because the unknown is difficult to sit with. What will happen to the house? How will custody be handled? How long will all of this take?
Understanding the general steps involved in a Texas divorce does not make the process easy, but it can make it feel far more manageable. Here is what to expect.
Step 1: Meeting the Residency Requirements
Before a divorce can be filed in Texas, at least one spouse must have been a resident of the state for a minimum of six months and a resident of the county where the petition will be filed for at least 90 days. In Tarrant County — which includes Fort Worth — this means at least one spouse must have lived in the county for at least three months before filing.
If you have recently relocated or are unsure whether you meet the residency requirements, speaking with a family law attorney can help you determine the right time and place to file.
Step 2: Filing the Petition for Divorce
The divorce process officially begins when one spouse — referred to as the petitioner — files an Original Petition for Divorce with the district court. The other spouse, called the respondent, is then served with the petition and given the opportunity to respond. This step initiates the legal case and establishes the court's jurisdiction over the matter. You can learn more about how our team handles the divorce process by exploring our Fort Worth divorce attorney page.
Step 3: The 60-Day Waiting Period
Texas law requires a mandatory 60-day waiting period after the petition is filed before a divorce can be finalized. This waiting period exists regardless of whether both spouses agree on everything. There are very limited exceptions — such as cases involving family violence — but for most couples, the 60-day period is a firm requirement.
This time can be used productively: gathering financial documents, working through temporary orders, and beginning negotiations on the terms of the divorce.
Step 4: Temporary Orders
In many divorces, especially those involving children or shared finances, temporary orders may be put in place while the case is pending. Temporary orders can address things like who remains in the marital home, how bills will be paid, a temporary custody and visitation schedule, and temporary child or spousal support.
These orders are not permanent, but they provide stability and structure during what can otherwise be a chaotic transitional period. Violating a temporary order can have consequences in the final proceedings, so it is important to take them seriously from the start.
Step 5: Discovery and Negotiation
Once the case is underway, both parties typically engage in a process of exchanging financial and other relevant information — known as discovery. This can include bank statements, tax returns, property valuations, retirement account statements, and more.
Most divorces in Texas do not go to trial. Instead, the parties — often with the help of their attorneys — negotiate the terms of a settlement agreement. This agreement addresses the division of community property, child custody and support, and spousal maintenance if applicable. Mediation is frequently used as a tool to help both parties reach an agreement without the cost and stress of a courtroom proceeding.
Turner-Monahan, PLLC offers mediation services as part of our family law practice, and our team is experienced in helping couples find workable solutions even in difficult circumstances.
Step 6: Contested vs. Uncontested Divorce
If both spouses agree on all terms, the divorce is considered uncontested and can often be finalized relatively quickly once the waiting period has passed. An uncontested divorce is generally less expensive and less time-consuming than a contested one.
If the parties cannot reach an agreement on one or more issues — such as property division, custody, or support — the case becomes contested and may proceed to trial. A judge will then make the final decisions on any unresolved matters. Contested divorces take longer, cost more, and require strong legal representation to ensure your interests are protected throughout the process.
Step 7: Dividing Property in Texas
Texas is a community property state, which means that most assets and debts acquired during the marriage are subject to division. Courts divide community property in a way that is "just and right" — which does not always mean 50/50. Factors such as each spouse's earning capacity, the needs of any children, and fault in the breakdown of the marriage can all influence the outcome. Separate property — assets owned before the marriage or received as a gift or inheritance — is generally not subject to division. For couples with significant assets, our team handles high net worth divorce cases with the level of detail and strategy these situations require.
Step 8: Child Custody and Support
When children are involved, the court's primary concern is always their best interest. Texas uses the terms conservatorship (decision-making rights) and possession (physical time with the child) rather than custody and visitation. Courts generally favor arrangements that allow both parents to remain actively involved in their children's lives. Child support is calculated based on the paying parent's net monthly resources using guidelines established by the Texas Family Code. Learn more about how our team approaches child custody and visitation and
Step 9: Finalizing the Divorce
Once all terms have been agreed upon or decided by the court, a final decree of divorce is signed by the judge. This document legally ends the marriage and outlines all of the terms — property division, custody, support, and any other relevant matters. Both parties are legally bound by the terms of the final decree.
After the decree is signed, certain steps may need to be taken to implement its terms — such as transferring property titles, dividing retirement accounts through a qualified domestic relations order (QDRO), or updating beneficiary designations.
You Do Not Have to Go Through This Alone
The Texas divorce process involves legal deadlines, financial considerations, and decisions that can affect your family for years to come. Having an experienced family law attorney by your side from the beginning means you understand your rights, make informed decisions, and are not caught off guard at any stage of the process.
At Turner-Monahan, PLLC, our Fort Worth family law team has guided clients through every type of divorce — from straightforward uncontested cases to complex high-asset disputes. We are here to provide honest guidance, clear answers, and dedicated advocacy throughout the process.
If you have questions or are ready to take the next step, the team at Turner-Monahan, PLLC, is here to help. Contact us online or call (817) 623-0129 to schedule your free consultation. Virtual appointments are available.
