Deciding to end a marriage is hard enough. Then comes the next question: what actually happens now? Most people going through their first divorce in Texas have no clear picture of the procedural steps ahead, and the anxiety of not knowing can make an already difficult situation feel unmanageable. The process isn’t as fast as some expect, and it doesn’t require proving your spouse did something wrong. Understanding the mechanics before you file, or right after you do, changes how prepared you feel at every stage.
With over 29 years handling divorce and family law matters in Texas, I’ve guided clients through the full range of these cases, from straightforward agreements to high-stakes contested proceedings. What I’ve seen consistently is that the decisions made early, sometimes in the first days after filing, tend to shape how everything else unfolds. This overview walks through the Texas divorce process as it actually works in Austin and Travis County, including the local procedural details that most general guides leave out.
Residency Rules & Choosing Your Grounds for Divorce
Before anything can be filed, Texas law sets a threshold you must meet. Under Texas Family Code Section 6.301, at least one spouse must have lived in Texas for six months and in the county where you plan to file for 90 days before the petition can go in. If you’ve recently moved to Austin, that 90-day Travis County requirement matters.
Texas recognizes seven grounds for divorce. The most commonly used is insupportability, which is the state’s no-fault ground. Under Texas Family Code Section 6.001, it means the marriage has become insupportable because of discord or conflict of personalities that destroys the legitimate ends of the marital relationship and prevents any reasonable expectation of reconciliation. You don’t need to prove wrongdoing; you just need to show the marriage is broken beyond repair. Fault-based grounds, including cruelty, adultery, felony conviction, and abandonment, remain available and can become relevant when the court considers how to divide property.
Travis County divorce petitions are filed with the District Clerk’s Family Division at the Civil and Family Courts Facility, located at 1700 Guadalupe Street, Austin, TX 78701.
Filing, Service & the Mandatory 60-Day Wait
The base filing fee for a family suit in Travis County District Courts is $350, which combines the clerk fee, court reporter fee, security fee, and state and local consolidated fees. Filing the Original Petition for Divorce with that fee officially opens the case.
Once filed, the respondent, meaning your spouse, must be formally served with the petition or must sign a Waiver of Service. A respondent who is formally served generally has 20 days plus the following Monday to file an answer. If your spouse doesn’t respond, the case can proceed by default, but an attorney should verify the service was completed correctly before relying on that path.
Texas Family Code Section 6.702 then imposes a mandatory 60-day waiting period between the filing date and the earliest date the divorce can be finalized. This is a hard statutory floor, not a negotiating window. The only exceptions involve family violence: a court can waive the waiting period if the respondent has been convicted of or received deferred adjudication for a family violence offense against the petitioner or a household member, or if the petitioner holds an active protective order or emergency magistrate’s order based on a finding of family violence committed during the marriage.
What Happens While the Case Is Pending
Here’s something many Austin filers don’t realize until it’s already in effect: Travis County’s Standing Order for Family Law Cases takes effect automatically the moment an original petition is filed. For cases filed on or after January 1, 2020, neither spouse can relocate children outside the county, dispose of marital property, or take several other restricted actions while the case is active. A spouse who doesn’t know about the standing order might sell an asset, change a beneficiary, or move with the children, not out of bad faith, but out of ignorance. Knowing what the order restricts from day one avoids those complications entirely.
Either spouse can also request a temporary orders hearing during this period. Temporary orders establish interim arrangements for custody, child support, spousal support, and use of the marital home while the case moves forward. They’re not the final answer, but they set the day-to-day reality for the months ahead, which is why how they’re handled matters.
Your case will be assigned to one of Travis County’s twelve District Courts, each of which holds original jurisdiction over divorce matters filed in the county. The assigned court manages the docket, sets hearing dates, and will sign the final decree.
Uncontested vs. Contested: Two Different Paths to a Decree
A Texas divorce is uncontested only when both spouses agree on every single issue, including how property and debt are divided, conservatorship of the children (meaning legal decision-making authority), possession and access schedules, and any support obligations. One unresolved issue makes the case contested.
Contested divorces move through discovery, which is the formal process of exchanging financial records, depositions, and other evidence, and then typically through mediation before reaching trial. Texas courts commonly require mediation before setting a contested case for trial. Many contested divorces settle at or before that stage without ever going in front of a judge on the merits.
One of the most common misconceptions I see involves property division. Texas is a community property state, but that doesn’t mean everything gets split evenly. Texas Family Code Section 7.001 requires the court to divide community property in a manner that is “just and right,” a standard that gives the judge real discretion. A significant earning disparity between spouses, fault in the breakup of the marriage, or one spouse’s role as the primary caregiver for the children can all shift the division away from 50/50. Assuming an automatic equal split, rather than understanding how that standard actually works, is one of the most costly mistakes I see people make entering negotiations.
The Final Hearing & What Happens After the Decree
Once the 60-day waiting period has passed and all issues are resolved, uncontested cases typically end with a prove-up hearing, which is a short proceeding where one spouse appears before the judge, confirms the terms of the agreement under oath, and the judge signs the Final Decree of Divorce. The decree is a binding legal document that controls property transfers, parenting arrangements, and support obligations going forward.
After the decree is signed, under Texas Family Code Section 6.801, neither spouse can remarry anyone other than each other for 31 days. A court can waive this restriction for good cause, but absent that waiver, the period is mandatory. This catches people off guard because it’s entirely separate from the 60-day filing-to-finalization wait.
Post-decree tasks also include updating beneficiary designations on life insurance policies and retirement accounts, transferring titles to vehicles or real estate as the decree requires, and following through on any name-change provisions written into the decree. None of these steps happen automatically. They require action after the court has signed.
Why the Early Stages Shape Everything
The decisions made under Travis County’s standing order, at the temporary orders hearing, and in the initial framing of property and custody issues tend to define the rest of the case. Positions established early carry weight, and concessions made without understanding their long-term impact are difficult to walk back.
If you’re beginning this process in Austin, or trying to understand what you’re already in the middle of, having experienced guidance from the start matters. I personally work with clients through each stage of their divorce at The Law Firm of T. Wade Jefferies. To talk through your situation, reach out at (512) 379-6274.