Divorce Process & Requirements in Texas
Texas law sets specific requirements that govern when and how a divorce can be filed. Understanding them early helps you plan your timeline and avoid procedural setbacks.
Residency, Timing & Grounds
Residency Requirements
Texas requires that one spouse be a Texas resident for at least six months and a county resident for at least 90 days before filing, per Texas Family Code Section 6.301. Our team can confirm whether those requirements are satisfied before you file.
Pregnancy
Filing for divorce while pregnant is permitted in Texas, but courts won’t finalize a divorce until after the baby is born, regardless of whether the husband is the father. Filing early can be a strategic option. It gives both parties time to negotiate terms, gather documents, and prepare for the next stages once the child arrives.
Grounds for Divorce
Texas recognizes both fault and no-fault grounds for divorce. The grounds you file under can influence how the court weighs property division and other contested issues. We help you understand which grounds apply and what effect they may have on your case.
Available grounds include:
- Insupportability (no-fault)
- Separation/Living Apart
- Confinement in Mental Hospital
- Cruelty
- Abandonment
- Convicted of a Felony
- Adultery that can be proven
Waiting Period
There is a 60-day waiting period after the initial petition is filed before a divorce can be finalized. Under Texas Family Code Section 6.702, this waiting period doesn’t apply 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 has an active protective order based on family violence committed during the marriage. We use the waiting period to build a thorough case record and advance negotiations so your file is prepared when the court’s calendar opens.
Divorce Methods
There are three paths a Texas divorce can take. Choosing the right method shapes the cost, timeline, and tone of the entire process. We help you identify the approach that fits your situation and prepare you for what each path involves.
What to Expect at Your Initial Consultation
When you contact our office, our team takes time to listen to your concerns and objectives so we can provide realistic guidance. Whether you’ve already decided to file or you’re still weighing your options, the consultation is shaped around where you are.
Our Austin office is a short drive from the Travis County Civil and Family Courts Facility. We ask clients to bring relevant documents that may assist in evaluating their case: financial records, court filings, or correspondence with your spouse or their legal counsel. Coming prepared makes the meeting more productive and helps us assess how Texas family law applies to your specific circumstances.
A few ways to prepare for your consultation:
- Gather financial records such as bank statements, pay stubs, and tax returns
- List your questions so you remember to cover key issues like child custody, support, or property division
- Consider your priorities regarding outcomes, timelines, and goals that matter most to you
Why Austin Families Choose Andrae Law, PLLC for Divorce
We understand that preserving workable relationships between the parties matters, especially when children are involved. In many cases, we’re able to reach a resolution that can avoid the expense and strain of litigation. When spouses can’t agree, our attorneys have the knowledge and courtroom experience to advocate effectively at the Travis County Civil and Family Courts Facility.
Clients who work with our Austin divorce attorneys benefit from:
- Committed negotiation strategies aimed at resolving disputes as amicably as possible
- Extensive Travis County experience, so your representation reflects local knowledge and court procedures
- Personal attention and consistent communication throughout your divorce, including regular updates and prompt answers to your questions
With over 40 years of combined legal experience and a board-certified family law specialist leading our team, we bring a high level of preparation to contested property disputes, business asset cases, and child custody matters. Board certification by the Texas Board of Legal Specialization requires demonstrated competence, peer review, and a specialty exam. It isn’t granted based on years of practice alone. We handle every phase of the process, from initial filings and negotiations through court hearings, and we stay accessible when decisions need to be made. If you have questions about your rights under Texas law or how your assets, children, or support obligations may be affected, contact our family law team to get started.
Ready to put an experienced, dedicated team on your side? Contact Andrae Law, PLLC at (512) 668-7133 to speak with our Austin divorce attorneys today.
