Divorce in Texas is governed by the Texas Family Code, and it begins with a residency requirement: one spouse must have been a Texas resident for six months, and a resident of the county where the petition is filed for 90 days. In Travis County, that means the divorce is filed in a Travis County district court and proceeds through that court's specific local rules and procedures.
Texas is a community property state. Property acquired during the marriage is generally presumed to be community property — owned equally by both spouses regardless of whose name it's in or who earned it. Separate property — what each spouse brought into the marriage, or received by gift or inheritance during the marriage — is not subject to division. Courts are supposed to divide community property in a 'just and right' manner, which does not necessarily mean 50/50.
The 'just and right' standard gives judges discretion. Fault in the breakup of the marriage (adultery, cruelty) can be considered. Disparity in earning capacity, size of the separate estate, and who has custody of children are also factors. An attorney who has appeared before Travis County family court judges knows how they typically apply these factors in contested cases.
Uncontested divorce — where both parties agree on all terms — proceeds more simply through the court's agreed divorce process. Contested divorce, particularly with significant assets or custody disputes, is a full litigation process. Your attorney should be selected accordingly.
Uncontested Divorce in Austin: How It Works in Travis County
A divorce is uncontested when both spouses agree on every term: how the community property and debts are divided, and, if you have children, conservatorship, the possession schedule, child support, and medical support. If even one of those is still open, the case is contested until it settles. Plenty of Austin divorces start contested and finish as agreed decrees once the numbers are on paper.
The mechanics are simpler than people expect. One spouse files an Original Petition for Divorce with the Travis County District Clerk. Family cases are heard by the Travis County civil district courts at the Civil and Family Courts Facility, 1700 Guadalupe Street. The other spouse can sign a waiver of service instead of being formally served, which saves the cost and awkwardness of a process server. The waiver has to be signed after the petition is on file, not before.
Texas then makes everyone wait. Under Texas Family Code §6.702, a court can't grant a divorce until at least 60 days after the petition was filed, with narrow exceptions tied to family violence. Agreement doesn't shorten that clock. Once it runs, the agreed final decree goes to the judge, usually with a short prove-up where the filing spouse confirms residency and that the marriage is insupportable.
The decree is the part worth slowing down for. It controls who keeps the house, how a 401(k) or pension gets split (often through a separate QDRO), who carries which debt, and the exact language of the custody and support orders. Mistakes here are hard to undo, because a signed agreed decree is a final judgment. Many spouses who agree on everything still have an attorney draft or review it, and some hire one attorney between them only for paperwork while understanding that lawyer can't advise both sides. For a side-by-side on timing and cost, see our guide to contested vs. uncontested divorce in Texas.
What You Need to Know
Key Facts About This Case Type
Texas 60-day waiting period
Texas requires a 60-day waiting period after filing before a divorce can be granted. It is not possible to finalize a Texas divorce in less than 60 days, regardless of how quickly the parties agree.
Community property division
The court divides community property in a just and right manner — not automatically 50/50. Fault in the marriage's breakup and other equitable factors can affect the division.
Temporary orders
During the divorce process, temporary orders establish who stays in the home, who pays what bills, and initial custody arrangements. These can be contested and are often the first significant hearing.
Just and right doesn't mean 50/50
Travis County judges have discretion in dividing community property. How they typically apply the just and right standard is something an experienced local attorney knows from having appeared before them.
Common Questions
Frequently Asked Questions
Related Practice Areas
Free Case Review
Filing for Divorce in Austin? Talk to an Attorney First.
Time matters in these cases. Submit your information now. An attorney from our Austin network will reach out within one business day.
Get a Free Review
Tell us what happened. We'll connect you with a qualified Austin attorney — no cost, no obligation.