How to File for Divorce in Texas — The Step-by-Step Process in Bexar County

Filing for divorce in Texas begins with a petition filed in the appropriate district court — but before that petition is filed, several threshold requirements must be met, several decisions must be made, and several practical steps must be taken that affect how the case proceeds from the first day. Understanding the complete filing process — not just where to submit the paperwork, but what the paperwork must contain, how service works, what happens immediately after filing, and what the first weeks of the proceeding look like — gives you a realistic picture of what you are starting before you start it.

This post walks through the complete process step by step, with specific reference to how divorces are filed and processed in Bexar County.

Step 1 — Meet the Texas Residency Requirements

Before a Texas court has jurisdiction to grant a divorce, the residency requirements of Texas Family Code Section 6.301 must be satisfied. At least one spouse must have been a domiciliary of Texas for the preceding six-month period, and the county where the divorce is filed must have been the domicile of at least one spouse for the preceding 90-day period.

For most San Antonio residents, these requirements are easily satisfied — if you have lived in Bexar County for at least 90 days and in Texas for at least six months, you meet the requirements. The most common situation where residency requirements create a complication is when one spouse recently relocated to Texas or when the parties lived in different states during the marriage. If you moved to San Antonio from another state within the past six months, you may need to wait before filing, or your spouse may be able to file in the other state first.

If your spouse files for divorce in another state before you file in Texas, the court that acquires jurisdiction first may retain the case — which is why understanding the residency requirements and acting quickly when you are ready to file matters.

Step 2 — Prepare and File the Original Petition for Divorce

The divorce process in Texas begins with the filing of an Original Petition for Divorce in the district clerk’s office of the county where the residency requirements are met — in San Antonio, that is the Bexar County District Clerk’s office located at 101 W. Nueva Street downtown.

The petition is a formal legal document that must contain specific information required by the Texas Family Code and the Texas Rules of Civil Procedure. It identifies both spouses by full legal name, states the grounds for divorce — most commonly insupportability under Texas Family Code Section 6.001 — identifies any children of the marriage and their ages, describes the community estate in general terms, and sets out the relief the petitioning spouse is requesting. The relief requested includes the divorce itself, a division of the community estate, and if applicable, conservatorship and possession of children, child support, and spousal maintenance.

The petition also establishes the case number and the court to which the case is assigned. In Bexar County, divorce cases are assigned to one of several family district courts on a rotating basis — the 45th, 57th, 73rd, 131st, 224th, 288th, or 407th District Courts. Each of these courts has its own standing orders that govern how cases are managed, what disclosures are required, and when mediation must occur.

The filing fee in Bexar County for an original divorce petition ranges from approximately $250 to $350 depending on whether children are involved. The fee waiver process is available for qualifying parties who cannot afford the fee, as discussed in a separate post.

Step 3 — The Automatic Temporary Restraining Order

In most contested divorce cases, the petitioning spouse also files a proposed Temporary Restraining Order simultaneously with the petition. The TRO is a court order that restricts both parties from taking specific financial and personal actions while the case is pending — it prohibits transferring or disposing of community property, withdrawing marital funds beyond ordinary living expenses, incurring new debt on marital accounts, canceling insurance, and making disparaging remarks about the other spouse to the children, among other restrictions.

The TRO is typically entered by the judge ex parte — without notice to the other spouse — on the same day the petition is filed or shortly thereafter. It takes effect on the petitioning spouse immediately upon signing and on the responding spouse upon service. The TRO sets the financial status quo for the case going forward.

Simultaneously with or shortly after filing, the petitioning spouse’s attorney typically files a motion for temporary orders — setting a hearing date at which the court will establish the temporary possession schedule for children, temporary support obligations, and who remains in the marital residence while the case is pending.

Step 4 — Serve Your Spouse with Citation

After the petition is filed, the responding spouse must be formally served with citation — legal notice of the divorce proceeding — before the court can take any action other than entering the TRO. Service is accomplished by a Bexar County constable or a licensed process server who personally delivers the citation and a copy of the petition to the responding spouse.

The responding spouse has until the first Monday after 20 days following the date of service to file a written answer — called a respondent’s original answer — with the court. If the responding spouse does not file an answer by this deadline, they are in default and the petitioning spouse can proceed to a final hearing without the responding spouse’s participation.

If the responding spouse cannot be located for personal service, citation by publication is available under Texas Rules of Civil Procedure Rule 109 after a diligent search for the respondent has been documented and the court approves the alternative service method.

Step 5 — The 60-Day Waiting Period

Texas Family Code Section 6.702 prohibits a court from signing a final divorce decree until at least 60 days have elapsed from the date the petition was filed. This waiting period is mandatory and cannot be shortened except in family violence cases. The 60-day period runs from the filing date regardless of when service is accomplished or when the respondent answers.

The 60-day period is not idle time. It is when temporary orders are established, discovery begins, financial documents are exchanged, and the groundwork for the final resolution is built. In a contested case, the 60-day period rarely coincides with the resolution of the case — it is simply the minimum threshold before a decree can be signed.

Step 6 — Temporary Orders Hearing

For cases involving children or disputes about the marital residence, the temporary orders hearing is typically the first major court event after filing. It is scheduled by the petitioning spouse’s attorney and occurs after the respondent has been served and has had notice of the hearing.

At the temporary orders hearing, both parties present abbreviated evidence to the judge — typically through testimony and documentary evidence — on the issues of temporary custody and possession of the children, temporary child support, who remains in the marital home, temporary spousal support if applicable, and any other urgent matters. The judge issues temporary orders at the conclusion of the hearing that govern the parties’ lives for the duration of the case — which in a contested divorce can be a year or more.

The temporary orders hearing is not a final determination of any issue. It is a temporary arrangement designed to maintain stability while the full case is developed. However, as a practical matter, the temporary arrangement often influences the final outcome — a parent who has been exercising primary possession under a temporary order for twelve months has built a track record that becomes evidence at the final hearing.

Step 7 — Discovery, Mediation, and Resolution

After temporary orders are in place, the case proceeds through formal discovery — the exchange of financial documents, written questions and answers, and in some cases depositions — followed by mediation, which is required in most Bexar County family courts before a trial date is set. If mediation produces a complete agreement, the parties submit a final decree consistent with the mediated settlement agreement for the judge’s signature. If divorce mediation does not produce agreement, the case proceeds to trial.

The complete timeline from filing to signed decree in a contested Bexar County divorce is typically six to eighteen months. An uncontested divorce where both parties agree on all issues can sometimes be finalized in 60 to 90 days from the filing date.

What Filing First Actually Means

There is a persistent belief that filing for divorce first provides a strategic advantage. The procedural advantage is modest — the petitioning spouse presents their case first at trial, which in a bench trial has some benefit in setting the narrative. More meaningfully, filing first allows the petitioning spouse to immediately obtain the TRO, protecting the marital estate from dissipation before the other spouse is aware of the proceeding.

The decision about when to file, however, should be made in consultation with a family law attorney who understands your specific circumstances — not based on a general belief that first always wins. In some cases, filing second and responding thoughtfully produces a better outcome than filing first without adequate preparation.

If you are ready to file for divorce in San Antonio or Bexar County — or if you have been served with a divorce petition and need to respond — call Barton & Associates at 210-500-0000. Consultations are free, confidential, and available 24 hours a day.