Filing for divorce in Texas is just the first step in a process that can feel overwhelming, especially when you are not sure what comes next. At Denis Law Group, we guide clients through every stage of their divorce, from the initial petition to the final decree. Whether your case involves child custody, property division, or complex assets like retirement accounts, knowing your divorce timeline can help you prepare and protect your rights.
- Filing the Petition
Your divorce begins when one spouse, called the Petitioner, files an Original Petition for Divorce in the county where either spouse has lived for at least 90 days. The court will assign a case number and a judge. If needed, your attorney can also request temporary orders or protective measures at this stage.
- Service of Process
The other spouse, called the Respondent, must be officially notified of the case unless they voluntarily sign a Waiver of Service. If served, they typically have until the Monday after 20 days to file an Answer with the court.
- Temporary Orders
Temporary orders help keep life stable while your divorce is pending. These orders may decide:
- Temporary custody and visitation schedules
- Temporary child support or spousal support
- Who lives in the marital home
- Who uses vehicles, pays bills, or accesses certain accounts
- Discovery Phase
Discovery is the formal process of exchanging information about finances, property, debts, and other relevant matters. This may include:
- Interrogatories (written questions)
- Requests for production of documents
- Depositions (sworn testimony)
- Parenting Course (if children are involved)
Many Texas courts require divorcing parents to complete a court-approved parenting course. This course teaches:
- How divorce impacts children emotionally
- How to reduce parental conflict
- Strategies for healthy co-parenting
Courts often will not finalize the divorce without proof of completion. Taking the course early helps avoid delays.
- Negotiation & Mediation
Texas courts strongly encourage mediation before trial. In mediation, a neutral third party helps you and your spouse negotiate agreements on property division, custody, and support. If you reach a full agreement, the divorce can move forward without a trial.
- Waiting Period
Under Texas law, there is a minimum 60-day waiting period after filing before a divorce can be finalized, except in certain family violence cases. Even if both spouses agree on everything, you must wait out this period.
- Trial (if no agreement)
If you cannot agree on all issues, the case will go to trial. Each side presents evidence and arguments, and the judge (or jury, in rare cases) makes the final decisions.
- Final Decree of Divorce & QDROs
The Final Decree of Divorce officially ends your marriage and sets out the terms for:
- Property and debt division
- Child custody and support
- Name changes
If retirement accounts need to be divided, a Qualified Domestic Relations Order (QDRO) is also required. A QDRO is a separate court order that tells the retirement plan administrator exactly how to divide benefits without triggering taxes or penalties. It must be signed by the judge and approved by the plan administrator.
- Post-Divorce Actions
Once your divorce is finalized, you may need to:
- Transfer property titles and deeds
- Update financial accounts
- Enforce court orders if the other party does not comply
- Seek modifications if circumstances change
At Denis Law Group, we understand that divorce is more than just a legal process; it’s a major life transition. Our Texas family law attorneys are here to protect your rights, guide you through each step, and help you start the next chapter with confidence. If you’re facing divorce in Texas, contact us today to schedule a consultation.