Top Texas Divorce Lawyers
Divorce in Texas — What You Need to Know
We can help you through the process of divorce.
You have probably heard the horror stories about a divorce battle between spouses that lead to very expensive divorces. But there is another side to the story.
- The presumption that parties are talking and the attorney will not speak to your spouse
- Property can be complicated, but as long as the parties are discussing changes and not attorneys, we can do uncontested divorce
- Self help is available, but having a professional can move the divorce along at a reasonable pace
Contemplating Divorce?
When spouses contemplating divorce are generally concerned about keeping their property and children out of court, saving money and keeping their private lives private, the alternative is an uncontested divorce. Some call it a simple divorce or an agreed divorce, but the idea is simple, the spouses agree to the terms of the final decree.
In General Terms
Generally, the terms include but are not limited to a no-fault divorce, specifically accounting for who will get which property, who will take which debt, and how taxes will be handled. If there are children, the final order will detail the rights and duties of each parent to the children, child support, and medical insurance.
In Certainty
Certainly, there can be much more in a final decree of divorce than what was just described. The point is that if the terms of the property, debt and child issues are worked out in private then the process could become less expensive, private and less stressful for the children and the spouses or parents.
Is Divorce Right for My Situation?
You do not have to have grounds to file for divorce in Texas. Texas is a “no-fault” divorce state, meaning either spouse can file simply by stating that the marriage has become insupportable — that there is no reasonable expectation of reconciliation. You do not need your spouse’s agreement to move forward.
That said, fault-based grounds do exist — such as adultery, cruelty, abandonment, or felony conviction — and in some cases, proving fault can affect how property is divided or impact other outcomes in your case. We can help you understand which approach makes the most sense for your situation.
How Does the Divorce Process Work in Texas?
Understanding the process can take away some of the uncertainty. Here is a general overview of what to expect:
Filing the Petition — One spouse (the Petitioner) files an Original Petition for Divorce with the court. The other spouse (the Respondent) is then formally served with the divorce papers.
The 60-Day Waiting Period — Texas law requires a mandatory 60-day waiting period after filing before a divorce can be finalized. This applies even in uncontested cases.
Temporary Orders — During the divorce, temporary orders may be put in place to establish ground rules while the case is pending. These can address who stays in the home, how bills are paid, child custody arrangements, and temporary spousal support.
Mediation — Most Texas divorces go through mediation before trial. A neutral mediator works with both sides to reach an agreement outside of the courtroom. Many cases are resolved entirely at this stage.
Final Decree of Divorce — Whether reached through agreement or decided by a judge, the Final Decree is the legally binding document that ends the marriage and outlines all terms, including property division, custody, and support.
Child Custody and Parenting Arrangements
If you have children, their wellbeing is likely your greatest concern — and ours too. Texas law focuses on what is in the best interest of the child when determining custody (called “conservatorship” in Texas) and visitation (called “possession and access”).
Joint Managing Conservatorship is the most common arrangement in Texas, where both parents share rights and responsibilities for the children, even if the child primarily lives with one parent.
Sole Managing Conservatorship may be appropriate in situations involving family violence, neglect, or other circumstances where one parent having primary decision-making authority is in the child’s best interest.
A Parenting Plan will establish where the children live, how time is shared, how decisions are made about education and healthcare, and how the parents will communicate. We work hard to help parents reach agreements that protect their children and reflect the realities of your family — while being prepared to advocate firmly for you if the other side is not acting in good faith.
Child Support
In Texas, child support is calculated using statutory guidelines based on the paying parent’s net monthly income and the number of children being supported. It is not left entirely to negotiation — the guidelines exist to ensure children are consistently provided for.
That said, there are circumstances where deviations from the guidelines are appropriate. For instance, if the parent receiving child support moves further away from the parent paying child support, the Court may modify child support so the parent paying child support can afford the increased costs of visiting their children.
Child support orders can also be modified in the future if there is a material and substantial change in circumstances — such as a significant change in income, a job loss, or a change in the child’s needs. Child support orders can also be reviewed every 3 years without a material change in circumstances and if the review of child support shows child support should be modified up or down then the court has authority to modify child support.
Spousal Support and Alimony
Texas has strict eligibility requirements for court-ordered spousal maintenance that is used to support one spouse while they work through the process of rejoining the workforce. Generally, a spouse must have been married for at least ten years and demonstrate an inability to meet their minimum reasonable needs, or meet other specific criteria such as a disability or being the victim of family violence.
If ordered, the amount and duration of spousal maintenance in Texas is limited by statute — it is not indefinite support.
However, spouses are free to agree to contractual alimony as part of a negotiated settlement, which can be structured more flexibly than what a court would order. This is one of the reasons reaching a mediated agreement often leads to better outcomes than going to trial.
It is possible that spousal maintenance may be awarded to a spouse in the following special circumstances. If you think that one of these circumstances applies to you, seek legal advise to evaluate whether the special circumstances apply in your case.
1) Seeking spouse is a victim of family violence cause by the other spouse;
2) Seeking spouse became physically or mentally incapacitated or disbled during the marriage;
3) Seeking spouse is the custodian of a child of the marriage and the child requires personal supervision for their physical or mental disability that prevents the seeking spouse from earning sufficient income.
How Long Does a Divorce Take?
Every divorce is different, but here are some general timelines:
• Simple uncontested divorce: As few as 60 days (the minimum waiting period), though most take more time to finalize paperwork.
• Contested divorce: Contested cases usually last more than six months and can last more than a year, depending on the complexity of the issues and the court’s docket. High conflict cases can take years before a Final decree is entered with the Court.
The more issues in dispute, the longer the process tends to take. Reaching agreements early — even partial ones — can significantly reduce the timeline and cost.
Contested vs. Uncontested Divorce
Uncontested Divorce — If you and your spouse are in agreement on all major issues — property, children, support — an uncontested divorce can be finalized relatively quickly and with significantly less cost and stress. We help make sure the paperwork is done correctly, your agreement is fair to you and enforceable by our laws and the final result protects your interest before anything is signed. WE CAN ONLY REPRESENT ONE PARTY IN EACH CASE. See our web page for uncontested divorces.
Contested Divorce — When spouses cannot agree, the court steps in to decide the unresolved issues. Contested divorces require more involvement by our attorneys than uncontested divorce. Our goal is always to resolve your case in your best interest. When litigation is necessary, we are fully prepared to advocate for you.
Protecting Yourself During the Divorce Process
The period between filing and finalizing your divorce is critical. Here are steps you can take to protect yourself:
• Do not make large financial moves — avoid selling assets, making large purchases, or moving money without legal guidance.
• Document everything — keep records of assets, debts, account statements, and any communications relevant to your case.
• Be mindful of social media — posts, messages, and photos can be used as evidence.
• Think carefully about temporary arrangements — decisions made early in the process, especially around children, can set patterns that are hard to change later.
We advise our clients from day one on how to protect their interests throughout the process — not just at the end.
Why Work with the Mohr Law Firm?
Divorce is not just a legal process — it is a life transition. You deserve an attorney who understands both. At The Mohr Law Firm, we take the time to understand your goals, explain your options honestly, and build a strategy tailored to your situation.
We are experienced in both negotiated settlements and contested litigation, so no matter how your case unfolds, you will have a team that is ready. And we will always be straight with you — about the law, about the process, and about what is realistic.
If you are considering divorce or have already been served with papers, the most important thing you can do right now is talk to an attorney. Contact us today to schedule a confidential consultation.
Let Professionals Help with your divorce
At the Mohr Law Firm, we can help you through the process of divorce. If your case is uncontested, agreed or simple we can help you go through the process by doing the litigation steps of creating the petitions, motions, affidavits, and orders and performing the correct filings with the clerks. While we are doing the litigation steps for you, you and your spouse can concentrate on the issues of property, debt, and children.
Generally, we will quote a flat fee for an uncontested divorce and the fees vary depending on the extra language or extra orders and paperwork for property or extra language for variances in the parent-child relationship part of the order. Typical additional costs items include deeds and deeds of trust on real estate and Qualified Domestic Relations Orders associated with retirement plans.
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The Mohr Law Firm, PLLC
950 E State Hwy 114 Suite 160,
Southlake, TX 76092
The Mohr Law Firm, PLLC
1209 E Belknap St,
Fort Worth, TX 76102
The Mohr Law Firm, PLLC
909 NE Interstate 410, Suite 500B
San Antonio, TX 78209
The Mohr Law Firm, PLLC
17806 I-10 Suite 300
San Antonio, TX 78257