Quick Answer: Filing for divorce in Round Rock, Texas, involves meeting residency requirements, filing an Original Petition with the Williamson County District Clerk, serving your spouse, completing a mandatory 60-day waiting period, and finalizing the process through settlement or a court hearing. Below is a complete breakdown of each step.
Divorce can mark the end of one chapter and the beginning of another. While the process can be emotionally and financially demanding, understanding each stage can help you prepare and protect your rights.
At The Law Office of Brett H. Pritchard, our legal team has guided Central Texas residents through divorce with clarity. Whether your situation involves property division, child custody, or support issues, understanding what to expect can make a difference in pursuing a fair resolution.
Key Takeaways
Texas allows both no-fault (insupportability) and fault-based divorce filings.
You must meet Texas and Williamson County residency requirements before filing.
The divorce process begins with an Original Petition for Divorce and formal service on your spouse.
Temporary orders may govern finances, property, and parenting while the case is pending.
Texas requires a mandatory 60-day waiting period before a divorce can be finalized.
Most Round Rock divorces resolve through negotiation or mediation rather than trial.
A Final Decree of Divorce legally ends the marriage and sets all final terms.
Divorce affects your estate plan, so wills, trusts, and beneficiary designations should be reviewed afterward.
What Are the Legal Grounds for Divorce in Texas?
Texas law recognizes both no-fault and fault-based divorces.
In most Round Rock cases, spouses file under insupportability, meaning the marriage has become insupportable due to conflict or discord with no reasonable expectation of reconciliation.
Texas also permits divorces based on fault, which can impact property division and spousal maintenance. Common fault-based grounds include:
Adultery – when one spouse engages in an extramarital affair
Cruelty – emotional or physical abuse that makes the marriage intolerable
Abandonment – desertion for at least one year
Conviction of a felony – if one spouse is convicted and imprisoned for at least a year
Confinement in a mental hospital – if a spouse has been confined for at least three years with little chance of recovery
Choosing the proper grounds requires strategic consideration. An experienced divorce attorney can help evaluate whether fault-based grounds may strengthen your case or whether a no-fault divorce is more practical for your situation.
Step 1: Meet Texas Residency Requirements
Before filing for divorce in Round Rock, you must meet the state's residency requirements:
You or your spouse must have lived in Texas for at least six months.
You must have lived in Williamson County (or the county where you plan to file) for at least 90 days before filing.
If you or your spouse recently moved, determining the correct venue is essential to avoid jurisdictional delays.
Step 2: File the Original Petition for Divorce
The process begins when one spouse (the petitioner) files an Original Petition for Divorce with the Williamson County District Clerk. This document outlines your request for divorce and may address:
Child custody
Child support
Spousal maintenance
A filing fee is required unless you qualify for a waiver due to financial hardship. Once filed, your case is assigned a cause number, and you must then serve the other spouse (the respondent) with official notice.
Step 3: Serve Your Spouse
Texas law requires that the respondent be formally notified through service of citation, which ensures due process and gives your spouse the opportunity to respond.
Service can be accomplished by:
A sheriff, constable, or private process server delivering the papers in person
Certified mail, signed for by your spouse
Publication, if your spouse cannot be located (only with court approval)
Once served, your spouse typically has 20 days plus the following Monday to file an answer. If they fail to respond, you may request a default judgment.
Step 4: Temporary Orders
Because divorce proceedings can take several months, temporary orders often establish how finances, property, and parenting will be handled in the meantime. These orders may cover:
Who will remain in the marital home
Temporary child custody and visitation
Temporary child or spousal support
Restrictions on selling or transferring property
A temporary orders hearing allows each side to present evidence, ensuring stability until a final decree is entered.
Step 5: Discovery and Information Gathering
The discovery phase allows both parties to exchange information relevant to the divorce, including documents, interrogatories, and depositions related to:
Financial statements, tax returns, and bank accounts
Property appraisals, debts, and retirement accounts
Communication or evidence relevant to fault or parenting
Discovery is critical in identifying community property, which Texas law defines as assets and debts acquired during the marriage. Separate property, such as inheritances or assets owned before the marriage, generally remains with the original owner. Detailed records help ensure an accurate and equitable property division.
Step 6: Negotiation and Settlement
Most divorces in Round Rock are resolved through negotiation rather than trial. Attorneys help spouses draft a Marital Settlement Agreement addressing property, debt division, custody, and support arrangements.
Settlement may occur informally, through mediation, or during court conferences. Reaching an agreement outside the courtroom can save time, reduce costs, and allow both spouses to retain greater control over the outcome.
If disputes persist, particularly concerning children or high-value assets, a judge may need to decide the unresolved issues.
Step 7: The 60-Day Waiting Period
Texas requires a mandatory 60-day waiting period between filing the divorce petition and finalizing the divorce. This period allows both spouses time to consider reconciliation or reach settlement terms.
Exceptions may apply in cases involving family violence, provided certain documentation, such as a protective order, is submitted. Even with this waiting period, many divorces take longer than 60 days, particularly when child custody or substantial property is involved.
Step 8: The Final Hearing and Divorce Decree
Once you and your spouse reach an agreement, or after a contested hearing, the court will issue a Final Decree of Divorce. This document legally ends the marriage and sets forth all final terms, including:
Property and debt division
Custody, visitation, and child support arrangements
Any ongoing spousal maintenance obligations
Both parties must sign the decree, and the judge will review and approve it. Once signed by the court, your divorce becomes final, and you are free to remarry after 30 days, unless an appeal is filed.
Step 9: Post-Divorce Matters
After your divorce is finalized, certain post-decree matters often arise, including:
Transferring property titles or refinancing joint debts
Changing beneficiaries on insurance or retirement accounts
Modifying child support or custody if circumstances change
Enforcing court orders if one spouse does not comply
Failing to complete post-divorce obligations can lead to legal complications, so it is important to follow through with every requirement.
Updating Your Will, Trust, and Beneficiaries After Divorce
Many Round Rock residents forget that divorce affects their estate plans. After the court finalizes your divorce, you should update your will, trust, powers of attorney, and life insurance beneficiaries.
Under Texas law, divorce automatically revokes certain designations in favor of a former spouse, but not all of them. Reviewing and updating these documents helps ensure your assets pass according to your current wishes. If you have children, consider updating guardianship provisions and establishing a trust for their benefit.
Frequently Asked Questions
What are the grounds for divorce in Texas? Texas recognizes no-fault divorce based on insupportability, as well as fault-based grounds including adultery, cruelty, abandonment, felony conviction, and confinement in a mental hospital.
What are the residency requirements to file for divorce in Round Rock? You or your spouse must have lived in Texas for at least six months and in Williamson County for at least 90 days before filing.
How is a spouse notified of a divorce filing in Texas? The respondent must be formally notified through service of citation, which can be completed by a sheriff, constable, or private process server, by certified mail, or by publication if the spouse cannot be located.
How long does a divorce take in Texas? Texas requires a mandatory 60-day waiting period between filing and finalization, though divorces involving child custody or substantial property often take longer.
What is the difference between community property and separate property in a Texas divorce? Community property includes assets and debts acquired during the marriage, while separate property, such as inheritances or assets owned before the marriage, generally remains with the original owner.
Do I need to update my will after getting divorced in Texas? Yes. Divorce automatically revokes certain designations in favor of a former spouse, but not all of them, so wills, trusts, powers of attorney, and beneficiary designations should be reviewed and updated after the divorce is finalized.
If you are considering filing for divorce or have been served with papers, schedule a FREE confidential consultation with our legal team today. Call 254-781-4222 or contact us online to discuss your options.