Preparing for divorce in Texas

Preparing for a divorce in Texas starts with three things: learning the basic rules, gathering your financial records, and getting advice before you make any big move. Texas law sets a minimum waiting period of 60 days after filing and a residency requirement before a case can be filed. Most of the rest depends on your situation, which is why an early, confidential conversation with a family lawyer is often the most useful first step.

Where are you right now?

People come to this question from very different places. Start with the page that fits you.

• You're thinking about divorce, but you're not sure yet. You want to understand how it works before you decide anything.
• You've just been served with divorce papers. Your spouse has already filed, and there is a deadline you need to know about.
• There's a business, stock compensation or significant property involved. The financial side will take more work.
• Your spouse is difficult, controlling or hostile. You need a plan for the conflict as well as the case.

The Texas rules that shape the timeline

A few rules apply to almost every Texas divorce.

Residency

Before a divorce can be filed, either you or your spouse must have lived in Texas for the past six months, and in the county where the case is filed for the past 90 days (Tex. Fam. Code §6.301). If you live in a city that crosses county lines, such as Dallas, Plano, Frisco or Carrollton, the county depends on your address.

The 60-day waiting period

Texas law says a court "may not grant a divorce before the 60th day after the date the suit was filed" (Tex. Fam. Code §6.702). There are narrow exceptions involving family violence. Sixty days is the minimum. Many cases take longer, especially when there are children, a business or real disagreement.

Community property

Texas is a community property state. Property either spouse has during the marriage or when it ends is presumed to be community property, and a spouse who says something is separate property has to prove it by "clear and convincing evidence" (Tex. Fam. Code §3.003). In practice, that means records matter. More on this at property division.

Standing orders in some counties

Dallas, Collin and Denton counties each have a standing order. That is a set of rules from the court that applies automatically once a divorce is filed. These orders cover things like the children, property and how the two of you treat each other. Tarrant County does not have one. Your county's page explains more: Dallas, Collin, Denton, Tarrant.

What to gather

Scott puts it this way: "There's no substitute for being prepared." You don't need everything on day one. Start with what you can get to easily and lawfully.

• Recent tax returns, ideally the last three to five years.
• Recent pay stubs, and any bonus or stock statements.
• Bank, credit card, retirement and brokerage statements.
• Mortgage, deed and car loan paperwork.
• Insurance policies: health, life, auto and home.
• Records of anything you owned before the marriage, or received as a gift or inheritance.
• For parents: school calendars, activity schedules and anything that shows how you care for the children day to day.

Keep copies somewhere private that only you can reach. Gather what is already available to you. Do not log in to your spouse's personal email, phone or accounts. That can create serious legal problems, and some standing orders address it directly.

What to avoid while you prepare

• Moving or spending large sums. Big transfers, new debt or unusual purchases can raise questions later, and standing orders limit what either spouse may do once a case is filed.
• Venting online. Social media posts, texts and emails can end up in front of a judge.
• Putting the children in the middle. Don't ask them to choose, carry messages or keep secrets.
• Moving out without advice. Leaving the home can affect the children's schedule and practical matters in ways that are hard to undo. Talk it through first.

Why talk to a lawyer early

In Scott's words, "The most important thing you can do is speak with a trusted family lawyer as early as possible." An early conversation is confidential. It doesn't commit you to filing. It helps you understand your options, which may include mediation, and what to do first in your county.

Scott studied accounting before law school, so he is comfortable with the financial records that drive many divorces. He is Board Certified, Family Law — Texas Board of Legal Specialization. His first consultation is free and confidential. Read more about Scott.

The free preparing-for-divorce workbook walks through these steps in more detail, at your own pace.

Questions people ask

Written for Scott Rewak, Board Certified, Family Law — Texas Board of Legal Specialization. Last reviewed October 1, 2026. General information, not legal advice.