One spouse (the Petitioner) files an Original Petition for Divorce with the district court in the county where either spouse has lived for at least 90 days. This filing opens the case and sets everything in motion.

The other spouse (the Respondent) must be formally served with divorce papers by a sheriff, constable, or process server. They have 20 days plus the following Monday to respond.

A judge issues temporary orders governing both spouses during the divorce. These cover who stays in the home, temporary child custody and support, spousal support, and bill responsibilities.

Both parties exchange detailed financial information — bank accounts, retirement funds, property values, debts, and income. Ensures fair community property division and accurate support calculations.

In complex contested cases, attorneys take sworn depositions and may retain expert witnesses to testify about business valuations, real estate appraisals, or child psychology.

When spouses agree on all issues, the agreement is written into a detailed settlement covering property, debts, and children. This path is significantly faster and far less expensive than contested litigation.

A neutral mediator helps both spouses negotiate a settlement on property, debts, and children. Most Texas family courts require mediation in contested cases before trial, and the large majority of divorces settle at or before this stage.

If mediation fails, the remaining issues go to trial. Most Texas divorce trials are bench trials before a judge, but Texas is one of the few states that allows either spouse to request a jury on certain issues, such as which parent has primary custody or whether property is separate or community.

Texas law requires a minimum 60-day waiting period after the Original Petition is filed before a divorce can be finalized — even if both spouses fully agree on everything from day one.

Both parties (or just the Petitioner in uncontested cases) appear before a judge who signs the Final Decree of Divorce — the legally binding document ending the marriage.

The decree is a court order — violations can be enforced through contempt proceedings. Property transfers, retirement splits, and custody arrangements must all be implemented after signing.