After you file for divorce in Texas, your next steps are generally to make sure your spouse is legally notified, follow any court orders, protect your financial interests, and work toward a final divorce decree. The exact process depends on whether your spouse agrees to the divorce, whether you have children under 18, and whether you and your spouse can agree on property and debts.
Here is a practical checklist to follow:
1. Confirm your spouse has been served
If you filed the Original Petition for Divorce, your spouse generally must receive formal legal notice through an authorized process server, constable, sheriff, or another permitted method. There are exceptions if your spouse voluntarily files an answer or signs a valid waiver of service.
Keep proof of service or the properly completed waiver in your records. Filing the petition alone usually isn’t enough to finish the case.
2. Calendar the important dates
Texas generally has a 60-day waiting period from the date the divorce petition is filed before the divorce can be finalized, subject to limited exceptions. Contested issues, service delays, and court scheduling can make the process take longer.
Record your filing date, any hearing dates, deadlines in court orders, and any deadlines for exchanging documents.
3. Read and follow all court orders
Check whether your court has issued standing orders, a temporary restraining order (TRO), or other temporary orders. These may restrict financial transactions, contact between spouses, or other conduct, depending on the order.
If you need immediate decisions about who stays in the home, who pays bills, child custody, or support, you may need to request temporary orders from the judge.
4. Organize your finances and property records
Gather copies of:
- Recent tax returns and pay stubs
- Bank and investment statements
- Retirement and pension account statements
- Mortgage, home valuation, and vehicle records
- Credit cards, loans, and other debts
- Insurance policies and monthly household expenses
Make an inventory of assets and debts. Avoid hiding, giving away, or unnecessarily transferring marital property, and get legal advice before making major financial decisions.
5. Work out the issues that need to be resolved
Depending on your circumstances, you may need to agree on or litigate:
- Division of property, savings, retirement accounts, and debts
- Who will remain in the family home
- Spousal maintenance, if applicable
- Custody, visitation, and child support, if you have minor children
You can negotiate through attorneys or mediation. Don’t assume that a verbal agreement is final; make sure any agreement is properly documented and approved by the court when required.
It is important that you understand your legal rights and consult a qualified Texas attorney for advice about your individual circumstances. An initial consultation can help you understand your rights, likely costs, and next steps. The divorce lawyers and legal team at Tessmer Law Firm have the knowledge, expertise, and experience to help you navigate the divorce process from beginning to end (or, as we like to call it, a new beginning)
Disclaimer: This article provides general educational information and is not a substitute for legal advice.