Ending a Marriage Is Hard. Having the Right Legal Support Makes a Real Difference.
Deciding to end a marriage is one of the most difficult things a person can go through. It doesn’t matter whether the decision came after years of trying or all at once. Either way, you’re likely dealing with a mix of emotions, financial uncertainty, and a long list of questions about what happens next. Where will you live? What happens to the house? What about the kids? How long is this going to take?
At Brewster Howard, we work with people in Katy, Texas who are facing exactly those questions. We know that divorce isn’t just a legal process. It’s a life transition, and how you handle it legally can affect your finances, your relationship with your children, and your ability to start fresh. That’s why we take the time to actually understand your situation before we start talking about strategy.
Texas has its own specific rules around divorce, and they don’t always work the way people expect. The state follows community property principles, which affects how assets and debts get divided. There are residency requirements you have to meet before you can even file. And there’s a mandatory waiting period that applies in almost every case. These aren’t just technicalities. They are the framework your entire case is built around, and knowing how they apply to your specific situation matters enormously.
Whether you’re dealing with a straightforward separation where both of you agree on most things, or a highly contested situation involving significant assets, children, or a spouse who isn’t being cooperative, our firm is here to help you move through the process as clearly and confidently as possible. This page walks you through how divorce works in Texas, what to expect at each stage, and how Brewster Howard approaches these cases. The more you know going in, the better equipped you’ll be.
Key Takeaways
- Texas requires at least a 60-day waiting period after filing before a divorce can be finalized, even if both spouses agree on everything.
- Texas is a community property state, meaning most assets and debts acquired during the marriage are subject to division.
- Divorce cases involving children also require a parenting plan that addresses custody and support.
- An uncontested divorce is generally faster and less expensive, but legal representation still protects you from costly oversights.
- Brewster Howard helps clients in Katy, TX handle both contested and uncontested divorces with clear, steady legal guidance.
What Are the Basic Requirements for Divorce in Texas?
Before anything else can happen, there are a few threshold requirements that have to be met. These are non-negotiable starting points, and it’s worth understanding them before you take any other steps.
Residency Requirements
To file for divorce in Texas, either you or your spouse must have lived in the state for at least six continuous months before filing. On top of that, either you or your spouse must have lived in the county where you plan to file for at least 90 days. If you’ve recently moved to Katy or the broader Harris or Fort Bend County area, it’s worth confirming you’ve satisfied these timelines before starting the process.
Grounds for Divorce
Texas allows for both fault and no-fault divorce. The most commonly used ground is what the state calls “insupportability,” which essentially means the marriage has broken down due to conflict or discord with no reasonable expectation of reconciliation. This is the no-fault option, and it doesn’t require either party to prove wrongdoing.
Fault-based grounds do exist in Texas and include things like adultery, cruelty, abandonment, felony conviction, and living apart for at least three years. Pursuing a fault-based divorce can potentially affect how the court divides property, but it also tends to make the process more complex and contentious. Whether it makes sense in your situation is something we’d evaluate based on the actual facts of your case.
The 60-Day Waiting Period
Texas law requires a mandatory waiting period of at least 60 days after a divorce petition is filed before the court can grant a final decree. This applies in nearly every case, even when both spouses are fully in agreement. There are very limited exceptions, such as cases involving family violence. In practice, most divorces take longer than 60 days to finalize, but this waiting period sets the absolute minimum timeline.
What Is the Difference Between a Contested and Uncontested Divorce?
This is one of the first questions we get from people who reach out to us, and it’s a good one to understand early. The answer shapes almost everything about how your case will proceed.
Uncontested Divorce
An uncontested divorce is one where both spouses have reached agreement on all possible issues before the case is finalized. That includes how property and debts will be divided, whether spousal maintenance will be paid, and if children are involved, how custody and support will be handled. When both parties are aligned and the paperwork is in order, an uncontested divorce can move through the court relatively quickly after the mandatory waiting period passes.
A lot of people assume that if their divorce is uncontested, they don’t need an attorney. That’s a risky assumption. Even friendly divorces involve legal documents that have real consequences. Retirement accounts, tax implications, future modification rights, and property transfer procedures all require careful handling. Having an attorney review and finalize your agreement protects you from mistakes that might not show up until years down the road.
Contested Divorce
A contested divorce is one where the spouses cannot agree on one or more significant issues and need the court to step in. That might mean a dispute over who keeps the house, disagreement about how a business is valued, conflicting positions on custody, or one spouse hiding assets. Contested divorces are more involved, more time-consuming, and typically more expensive than uncontested ones.
That said, “contested” doesn’t necessarily mean the case goes all the way to trial. Most contested divorces are resolved through negotiation or mediation at some point before a judge has to make the final call. Having an attorney who is well-versed in how Texas courts approach these disputes gives you a significant advantage in those negotiations.
How Does Texas Divide Property in a Divorce?
Property division is one of the most misunderstood parts of the Texas divorce process, and it’s often where the most tension lives. Here’s what you actually need to know.
Community Property in Texas
Texas follows community property law, which means most assets and debts acquired by either spouse during the marriage are considered jointly owned. That includes income, real estate purchased during the marriage, vehicles, retirement contributions made while married, and debts like credit cards or loans taken on during the marriage.
When a marriage ends, community property is divided in a way the court considers “just and right,” which is guided by equity rather than a strict 50/50 split. Factors like fault in the breakup, the relative earning capacity of each spouse, and the needs of any children in the household can all influence how the court divides things.
Separate Property
Not everything is community property. Separate property includes assets you owned before the marriage, gifts given specifically to you during the marriage, and inheritances received in your name. Separate property generally stays with the spouse who owns it, but the burden is on that spouse to prove it qualifies as separate. Without clear documentation, what started as separate property can become difficult to distinguish from community assets over time.
Complex Asset Division
When a marriage involves significant financial complexity, such as a family business, investment portfolios, stock options, or multiple real estate holdings, property division becomes a much more involved process. Valuing these assets accurately, tracing the community and separate components, and negotiating a fair division often requires careful analysis and, in some cases, financial experts. This is an area where having experienced legal representation makes a meaningful difference.
What Happens With Children During a Divorce?
If you have children, their wellbeing is almost certainly your top concern during this process. Texas courts share that priority. Any divorce involving minor children requires a parenting plan that addresses conservatorship, possession schedules, and child support.
Conservatorship and Custody
Texas uses the term “conservatorship” rather than custody, but the concept is similar. There are two types: managing conservatorship, which covers major decision-making authority over things like education, healthcare, and religious upbringing, and possessory conservatorship, which refers to physical time with the child.
In most cases, Texas courts start from the presumption that joint managing conservatorship is in the child’s best interests. That doesn’t automatically mean equal time-sharing, but it does mean both parents typically retain rights to be involved in major decisions. Courts can deviate from this when circumstances warrant, such as in cases involving abuse or a history of neglect. You can read more about how Texas child custody decisions are made and what factors carry the most weight in court.
Child Support During Divorce
Child support is usually established as part of the divorce decree when children are involved. Texas uses a formula based on the paying parent’s net monthly resources and the number of children receiving support. The court can adjust from these guidelines in certain situations, but the formula serves as the baseline in most cases. We cover how Texas child support obligations are calculated in detail, including what happens when income is variable or disputed.
What About Spousal Maintenance After a Divorce?
Spousal maintenance, which is what many people refer to as alimony, is available in Texas but under more limited circumstances than in many other states. It’s not something that gets awarded automatically, and courts apply fairly strict criteria before granting it.
Generally speaking, a spouse may qualify for maintenance if the marriage lasted at least ten years and the requesting spouse lacks sufficient property or income to meet their minimum reasonable needs. It may also be available in shorter marriages when the requesting spouse has a disability, is the primary caregiver for a child with a disability, or was the victim of family violence during the marriage.
Even when maintenance is awarded, Texas caps both the amount and the duration. Understanding whether you qualify, and what you might reasonably expect, is something we work through carefully with clients early in the process. Our page covering how Texas handles spousal maintenance after divorce goes into the full picture on this.
What Does the Texas Divorce Process Actually Look Like Step by Step?
It helps to understand the general flow of a divorce case, even though the specifics vary depending on whether the case is contested, whether children are involved, and how cooperative both parties are willing to be.
Filing the Petition
The process begins when one spouse, called the petitioner, files an Original Petition for Divorce with the district court in the appropriate county. The petition outlines basic information about the marriage, any children, and what the petitioner is asking for in terms of property and other arrangements.
Serving the Other Spouse
After the petition is filed, the other spouse, called the respondent, must be formally notified through a process called service of process. The respondent then has a set period to file a response. If the divorce is uncontested and both parties are cooperating, this step is often handled through a waiver of service, which is simpler and faster.
Temporary Orders
In many divorces, especially contested ones, temporary orders are put in place early in the case to establish ground rules while everything is being worked out. These can cover who stays in the family home, how bills get paid, temporary custody arrangements, and temporary support obligations. Temporary orders don’t determine the final outcome, but they matter a great deal in the short term. Additionally, many courts have standing orders that apply once a case gets filed
Discovery, Negotiation, and Mediation
In contested cases, both sides may go through a discovery process to gather information about assets, income, and other relevant facts. This is followed by negotiation between attorneys and, in most Texas cases, a required mediation session before the case can go to trial. Mediation gives both parties a structured opportunity to reach a settlement with the help of a neutral third party.
Final Decree of Divorce
Once all issues are resolved, either through agreement or a court ruling, the judge signs a Final Decree of Divorce. This document officially ends the marriage and sets out all the terms, including property division, custody arrangements, support obligations, and anything else that was part of the case. Once signed, it’s a binding legal order.
Frequently Asked Questions
Q. How long does a divorce take in Texas?
A. The absolute minimum is 60 days due to the mandatory waiting period, but most divorces take longer. An uncontested divorce with no children and straightforward finances might be resolved in two to four months. A contested divorce involving property disputes or custody disagreements can take a year or more depending on how complex the issues are and how willing both parties are to work toward a resolution.
Q. Do I have to go to court if we agree on everything?
A. Not necessarily in person, though a judge does need to sign off on the final decree. In some uncontested cases, one spouse can appear on behalf of both through what’s called a prove-up hearing, which is typically brief. Some courts allow both parties to skip the hearing by submitting prove-up affidavits. The specifics depend on your county and the details of your case.
Q. Can I get a divorce if my spouse doesn’t want one?
A. Yes. Texas does not require both spouses to agree to the divorce. If one spouse files and the other refuses to participate or contests the proceedings, the case can still move forward. A judge can grant a default divorce if the respondent fails to respond after being properly served.
Q. What happens to our debt in a divorce?
A. Debts accumulated during the marriage are generally treated as community property just like assets are. The court can assign responsibility for specific debts to each spouse as part of the final decree. However, it’s important to understand that a divorce decree does not automatically release you from liability to creditors. If your spouse is ordered to pay a joint debt and doesn’t, the creditor may still come after you. Addressing this properly in the decree is something we pay close attention to.
Q. Will I have to pay or receive alimony?
A. That depends on your specific circumstances. Texas has a defined set of criteria for spousal maintenance, and it’s not awarded in every divorce. Factors like the length of the marriage, each spouse’s financial situation, and whether there were any instances of family violence all come into play. We walk through the full criteria Texas courts use for spousal maintenance so you can get a realistic sense of where you stand.
Q. How is retirement money handled in a Texas divorce?
A. Retirement accounts and pensions that were contributed to during the marriage are generally considered community property and subject to division. Dividing these accounts properly requires specific legal documents, such as a Qualified Domestic Relations Order for certain retirement plans. Handling this correctly is critical, because mistakes in this area can have serious tax consequences and long-term financial impact.
Q. What if my spouse is hiding assets?
A. Hiding assets during a divorce is not only unethical, it’s illegal. If we have reason to believe assets are being concealed, there are legal tools available to uncover them, including formal discovery requests, depositions, and subpoenas. Courts take this seriously, and judges have the authority to penalize a spouse who is found to have been dishonest about their finances.
Q. Can we work out the details ourselves and just have an attorney file the paperwork?
A. You can, but there are real risks to doing it that way. Agreements that seem balanced when you draft them informally can have unintended legal consequences once they’re formalized. Things like how retirement accounts are transferred, how the deed to a home changes hands, and how support terms interact with tax obligations all require careful legal review. We’re happy to work with clients who have already done a lot of the groundwork while making sure nothing important gets missed.
Q. Does it matter who files first?
A. In most Texas divorces, filing first doesn’t dramatically change the outcome. Both parties have equal rights in the process. That said, being the petitioner does give you some procedural advantages, like having the first opportunity to present your case at certain hearings. Whether timing matters in your specific situation is worth a conversation.
Q. How does divorce affect my estate plan and beneficiary designations?
A. This is something people often overlook until it’s too late. After a divorce is finalized, you’ll want to update your will, powers of attorney, healthcare directives, and any beneficiary designations on life insurance policies and retirement accounts. Texas law does automatically revoke certain provisions in a will that favor a former spouse once a divorce is finalized, but that doesn’t cover everything. Reviewing and updating your documents after divorce is an important step in actually moving forward.
Ready To Talk About Your Situation?
We know that reading about the legal process only goes so far. At some point, you need to sit down with someone who can look at your actual situation and give you real answers, not just general information. That’s exactly what we’re here for.
At Brewster Howard, we work with people in Katy, TX who are at all different stages of thinking about or going through a divorce. Some of our clients come to us before they’ve even told their spouse they want a divorce. Others come to us after things have already escalated and they need someone in their corner right away. Wherever you are in this process, we can help you figure out the right next step.
We’re not going to overwhelm you with legal jargon or make this more complicated than it needs to be. What we will do is give you a clear picture of what you’re dealing with, what your options are, and what we think the most practical path forward looks like. If there are risks you need to know about, we’ll tell you. If there are things that are genuinely in your favor, we’ll tell you that too.
Divorce is hard enough on its own. Working with a firm that communicates clearly, respects your time, and actually understands what you’re going through makes the process more manageable. We’re part of a broader family law practice in Katy that handles everything connected to your case, so if your divorce also involves custody, support, or spousal maintenance questions, we’re already equipped to help with all of it.
Give us a call or reach out through our website to schedule a consultation. There’s no pressure, no judgment, and no obligation. Just an honest conversation about your situation and how we can help.
Brewster Howard serves clients across Katy, Texas and the surrounding areas with focused family law representation. This page is for general informational purposes and does not constitute legal advice. Contact our firm directly to discuss the specifics of your situation.