What to Expect During the Divorce Process in Texas

Posted by Bobby Dale BarinaMar 22, 20260 Comments

If you are considering divorce in Texas, you are not alone—and more importantly, you do not have to go through it without a plan.

Working with an experienced 👉 Temple, Texas divorce lawyer can help you understand your rights and avoid costly mistakes early in the process.

At Barina Law Group in Temple, Texas, we guide clients through every step of divorce with a clear strategy focused on protecting their future, finances, and children.


Step 1 – Filing the Divorce Petition

Every divorce in Texas begins with filing an Original Petition for Divorce in the appropriate court—typically in the county where one spouse has lived for at least 90 days.

Once filed:

  • The other spouse must be served or waive service
  • The case is officially opened
  • Deadlines begin to run

📍 In Temple and Bell County, this step is critical to setting the tone for your case.


Step 2 – The 60-Day Waiting Period

Texas law requires a minimum 60-day waiting period before a divorce can be finalized.

During this time:

  • Temporary orders may be put in place
  • Financial and custody issues begin to be addressed
  • Negotiations often begin

⚠️ This is not “downtime”—this is when your legal strategy matters most.


Step 3 – Temporary Orders Hearing

If there are disagreements about:

  • Who stays in the home
  • Child custody and visitation
  • Temporary child support
  • Payment of bills

The court may hold a hearing to establish rules while the divorce is pending.

👉 Learn more about temporary hearings in Texas divorce cases and how they can impact your final outcome.

These orders often shape the direction of your case.


Talk to a Temple, Texas Divorce Lawyer Before You File

Before you file for divorce, it is important to understand your rights, your risks, and your options.

At Barina Law Group, we help clients in Temple and throughout Bell County:

  • Develop a clear legal strategy before filing
  • Protect property and financial interests
  • Create strong custody positions from the start
  • Avoid costly mistakes that can impact your future

📞 Call (254) 699-3755 or
👉 visit https://www.bobbybarinalaw.com to schedule your consultation.


Step 4 – Discovery and Information Gathering

Both sides exchange information about:

  • Income and finances
  • Property and debts
  • Children and parenting roles

This process may include:

  • Written questions (interrogatories)
  • Requests for documents
  • Depositions

📊 The goal is full transparency so fair decisions can be made.


Step 5 – Negotiation or Mediation

Most Texas divorce cases settle without trial.

Common methods:

  • Attorney negotiations
  • Mediation (often required by courts)

At this stage, you may resolve:

  • Property division
  • Custody and visitation
  • Support obligations

👉 Learn more about child custody and visitation in Texas and how parenting plans are structured.

💡 A well-prepared case often leads to better settlement outcomes.


Step 6 – Trial (If Necessary)

If no agreement is reached, your case goes to trial where a judge decides:

  • Property division
  • Custody arrangements
  • Support issues

Trial requires:

  • Strong preparation
  • Clear presentation of evidence
  • Strategic legal arguments

Step 7 – Final Decree of Divorce

Once resolved, the court signs a Final Decree of Divorce, which outlines:

  • Division of assets and debts
  • Custody and visitation orders
  • Child support or spousal support

This is the legally binding end of your divorce.


Texas Divorce Process Timeline (Quick Overview)

  1. File Petition for Divorce
  2. Serve the Other Party
  3. 60-Day Waiting Period Begins
  4. Temporary Orders (if needed)
  5. Discovery and Information Exchange
  6. Mediation or Negotiation
  7. Trial (if necessary)
  8. Final Decree Signed

Key Issues in Texas Divorce

Property Division

Texas is a community property state, meaning assets are divided in a “just and right” manner.

👉 Learn more about division of property in Texas divorce and how courts evaluate fairness.


Child Custody (Conservatorship)

Courts focus on the best interests of the child, including:

  • Stability
  • Parenting ability
  • Child's needs

Child Support

Calculated using statutory guidelines based on income.


How Long Does a Divorce Take in Texas?

  • Minimum: 60 days
  • Typical: 3–9 months
  • Complex cases: 1 year or more

Divorce in Temple and Bell County, Texas

Divorce cases in Temple are typically handled in Bell County courts, and local procedures, judges, and expectations can impact your case.

Working with a local Temple divorce lawyer can make a significant difference in your outcome.

At Barina Law Group, we are located right here in Temple and serve clients throughout Central Texas.


Why Hiring the Right Divorce Lawyer Matters

Divorce is not just paperwork—it is about:

  • Protecting your financial future
  • Securing your relationship with your children
  • Avoiding costly mistakes

At Barina Law Group, we provide practical, results-driven legal strategies tailored to your situation.


Schedule a Consultation with a Temple Divorce Attorney

If you are facing divorce, the next step is to speak with an experienced attorney.

👉 Schedule a consultation with a Temple divorce attorney today.

📍 Barina Law Group
2207 Birdcreek Drive
Temple, Texas 76502

📞 (254) 699-3755
📧 [email protected]
🌐 www.bobbybarinalaw.com


Frequently Asked Questions (FAQ)

Do I have to go to court for a divorce in Texas?

Not always. Many divorces are resolved through negotiation or mediation without trial.


Can I get divorced without my spouse agreeing?

Yes. Texas allows contested divorces even if one spouse does not agree.


What is the fastest way to get divorced in Texas?

An uncontested divorce can be finalized shortly after the 60-day waiting period.


How is property divided in Texas?

Property is divided in a “just and right” manner, not necessarily equally.


What happens to children during divorce?

Courts prioritize the best interests of the child when determining custody and visitation.


Do I need a lawyer for a divorce in Texas?

While not required, having an experienced attorney helps protect your rights and avoid costly mistakes.