Houston Divorce Lawyer
Whether your divorce is amicable or hotly contested, Board Certified family law attorney Robert Kuehm guides Houston clients through the process with strategy, experience, and clear answers – from the first conversation to the final decree.
Divorce in Texas - What You Should Know
- Whether children are involved
- Whether there are significant assets, businesses, or retirement accounts
- Whether the other spouse will cooperate
- Whether you need temporary orders (support, possession, exclusive use of the home)
- Whether either spouse engaged in marital misconduct that affects property or support
Types of Texas Divorce
Uncontested Divorce
You and your spouse agree on every issue – division of property, custody, support, debts. We draft the paperwork, finalize it through the court, and get you to a decree as soon as the 60-day waiting period allows. Uncontested divorce is the fastest, cheapest path through the system – but “uncontested” means every issue is agreed in writing, not just the big ones.
Contested Divorce
You and your spouse disagree on one or more major issues. Most contested divorces still resolve through negotiation or mediation, but they require a lawyer who can litigate when needed. (See our Mediation and Collaborative Divorce pages for alternatives to court.)
High-Asset / Complex Property Divorce
Business interests, professional practices, executive compensation, real estate portfolios, retirement accounts, and separate-property tracing add layers of complexity – and risk. (See our Complex Property Division page.)
Divorce with Children
Custody, conservatorship, possession schedules, child support, and decisions about education and health care all sit inside the divorce. (See our Child Custody and Child Support pages.)
Collaborative Divorce
A formal, out-of-court process where both spouses commit (in writing) to settle without litigation. (See our Collaborative Divorce page.)
Divorce Involving Family Violence
Texas has specific procedures for cases involving family violence – including emergency protective orders, exclusive use of the marital residence, and restrictions on possession. These cases require an immediate, different strategy from day one.
Military Divorce
If either spouse is active-duty military, special protections apply under the Servicemembers Civil Relief Act, and division of military retirement is governed by federal law. Texas residency and jurisdiction rules also work differently for military families.
Grounds for Divorce in Texas
Texas recognizes both no-fault and fault-based grounds.
Insupportability (No-Fault)
The standard no-fault ground. The marriage has become insupportable because of discord or conflict that destroys the legitimate ends of the marital relationship and prevents any reasonable expectation of reconciliation. Most Texas divorces are filed on insupportability alone.
Cruelty
Treatment of such a nature that it renders further living together insupportable. Includes physical, mental, and emotional cruelty. Cruelty findings can affect property division and (in some cases) custody.
Adultery
Voluntary sexual intercourse with someone other than the spouse, during the marriage. Texas courts can award the innocent spouse a disproportionate share of the community estate when adultery is proved – particularly when community funds were spent on the affair.
Conviction of a Felony
The other spouse has been convicted of a felony, imprisoned for at least one year, and not pardoned. The convicted spouse cannot use their own conviction as grounds.
Abandonment
The other spouse left with intent to abandon and remained away for at least one year.
Living Apart
The spouses have lived apart without cohabitation for at least three years.
Confinement in a Mental Hospital
The other spouse has been confined in a state or private mental hospital for at least three years and the condition is such that adjustment is unlikely or relapse is probable.
Fault grounds can affect property division, spousal maintenance, and custody – so the choice of grounds matters. We help you understand whether pleading fault helps your case or only inflames it.
Get Kuehm.
How Long Does a Texas Divorce Take?
| Stage | Typical Timeline | What Happens |
|---|---|---|
| File Original Petition | Day 1 | The petition lays out the legal basis, parties, children, and what relief is sought |
| Service / waiver of service | Days 1–30 | Spouse is formally served, OR signs a waiver. Constructive service available if hiding. |
| Temporary Orders hearing | Within 2–6 weeks of filing | Court issues interim orders for support, possession, exclusive use, attorney's fees |
| Discovery | 2–6 months | Financial disclosures, document subpoenas, depositions, expert work |
| Mediation | 3–9 months in | Most cases settle here under the irrevocable MSA |
| Trial preparation | If no settlement | Trial briefs, witness preparation, exhibit assembly |
| Trial | 9–18+ months | One-day to multi-week bench trial in most family courts |
| Final Decree | Minimum 60 days after filing | Signed by judge, incorporates settlement or trial findings |
The 60-Day Waiting Period - What It Really Means
Texas Family Code § 6.702 requires that no divorce be granted before the 60th day after the original petition is filed. The waiting period exists to allow possible reconciliation.
A few practical implications:
- Uncontested divorces can be finalized shortly after the 60-day mark, if all paperwork is ready and one spouse appears at a brief “prove up” hearing.
- Contested divorces rarely finish in 60 days – the 60-day rule is just the floor, not the realistic timeline.
- Family violence exception: When the divorce is sought because of family violence, the waiting period can be waived in narrow circumstances.
The clock starts on filing, not service. So getting the petition on file early sometimes matters – but only if you’re ready for what comes next.
Temporary Orders - What Holds the Case Together Until Final
Once a divorce is filed, the parties often need an immediate order from the court to govern their lives until final divorce. Temporary orders typically address:
- Possession and access to children (an interim possession schedule)
- Child support pending divorce
- Spousal support (temporary) pending divorce
- Use of the marital residence – who lives where during the case
- Use of vehicles
- Bank accounts and credit cards – which can be accessed, how
- Restraining orders – preventing either spouse from dissipating assets, harassing the other, or moving children out of state
- Attorney’s fees – whether one spouse must contribute to the other’s legal fees
Temporary orders often “set the status quo” that influences the final ruling. A parent who gets primary possession at the temporary orders stage typically has a real advantage going into final orders – courts are reluctant to disrupt a working schedule.
We take temporary orders seriously. Cases are often won or lost at this early stage.
How Property Is Divided in a Texas Divorce
Texas is a community property state. That means almost everything earned or acquired during the marriage belongs to the marital estate – and the court divides it in a way that is “just and right.”
That doesn’t always mean 50/50. Courts can weigh:
- Fault in the breakup (adultery, cruelty)
- Earning capacity of each spouse
- Health and age
- Custody of the children
- Tax consequences
- Wasted community assets (dissipation, gambling, gifts to a paramour)
- Disparity in education or job market re-entry potential
- Size of each spouse’s separate estate
Separate property – assets owned before marriage, or received by gift or inheritance during marriage – is NOT divided. But the burden of tracing and proving separate property falls on the spouse claiming it. Without a competent lawyer, separate property can be lost.
Common Texas property division issues:
- Marital home – sold, refinanced, or awarded with offsetting community property
- Retirement accounts – divided by QDRO or domestic relations order
- Businesses – valued by appraisal, awarded to one spouse with offset
- Investment accounts – divided in kind or sold
- Vehicles – typically awarded to the spouse who primarily uses them
- Debts – community debt allocated between spouses; creditor obligations are not extinguished by divorce decree alone
Custody, Support & Visitation in a Texas Divorce
When children are involved, the divorce decree will address:
- Conservatorship – who makes decisions about the child’s education, health, and welfare. Most decrees order Joint Managing Conservatorship.
- Right to designate primary residence – typically with a geographic restriction (e.g., Harris County and contiguous counties)
- Possession & access – the schedule (often based on the Texas Standard Possession Order)
- Child support – calculated under Texas guidelines from the obligor’s net resources
- Medical insurance – who provides it, who pays the premium
- Uninsured medical expenses – typically split between parents
- Education decisions – public, private, religious schooling
- Religious upbringing – when parents disagree
- Communication during the other parent’s possession – phone and electronic access
Texas courts apply a “best interest of the child” standard. (See Child Custody and Child Support for deeper detail.)
Spousal Maintenance ("Alimony") in Texas
Texas has limited and strict spousal maintenance rules – eligibility, duration, and amount are all capped by statute. Most clients are surprised by how restrictive Texas law is here.
To qualify for court-ordered maintenance, the spouse seeking it must lack sufficient property to meet minimum reasonable needs AND meet one of:
- The other spouse was convicted of family violence in the prior 2 years
- The seeking spouse has an incapacitating disability
- The marriage lasted 10+ years and they cannot earn sufficient income
- The seeking spouse is the custodian of a child of the marriage with a disability requiring care that prevents the spouse from working
The amount is capped at the lesser of $5,000/month or 20% of the obligor’s average monthly gross income. Duration is capped by length of marriage – 5 years for 10–20 year marriages, 7 years for 20–30 year, 10 years for 30+ year marriages.
Contractual alimony – paid by agreement rather than court order – has no statutory caps but cannot be enforced by family court contempt.
(See our Spousal Maintenance page for full eligibility criteria.)
How Much Does a Texas Divorce Actually Cost?
Honesty about cost matters. Here’s what we tell clients in consultations:
Uncontested divorce, no kids, modest assets: Low four figures total – sometimes under $2,000 all-in. Both spouses must agree on everything.
Uncontested divorce with kids and modest assets: Mid four figures. Even with full agreement, the parenting plan adds complexity to the paperwork.
Contested divorce, kids, modest assets: $10,000–$25,000 typical, depending on how cooperative the other side is.
Contested high-conflict divorce with significant assets: $25,000–$75,000+, with high-conflict custody cases at the upper end.
High-asset divorce with business valuation, executive compensation, separate property tracing: $50,000–$200,000+, with multiple experts and discovery.
Filing fee. Harris, Fort Bend, Brazoria, and Galveston counties each charge a filing fee for the original petition (typically $200–$350), plus modest issuance and service fees.
Mediator fees. Most Houston-area family law mediators charge $1,500–$5,000 per side for a half-day to full-day session. Each spouse pays their own share.
Expert witnesses. Forensic accountants, business appraisers, vocational evaluators, social study evaluators, and amicus attorneys all charge separately. Costs vary widely.
What drives cost UP:
- A spouse who refuses to negotiate fairly
- Hidden assets requiring forensic accounting
- High-conflict custody requiring social studies and amicus attorneys
- Business valuation disputes
- Frequent emergency hearings or motions
- Multiple mediations
- Trial (the most expensive single event in a family law case)
What keeps cost DOWN:
- Realistic expectations
- Willingness to compromise on minor issues
- Honest, prompt cooperation in discovery
- Choosing mediation or collaborative process when appropriate
- Not using your lawyer as a therapist
- Resolving issues by agreement instead of motion practice
We discuss fee structure openly at the initial consultation. You leave knowing what to expect.
What to Do If You've Just Been Served
If a process server hands you a Citation and Original Petition for Divorce, here’s the immediate playbook:
- Don’t panic. Being served doesn’t mean the divorce is final or that you’ve lost anything. It means the case has begun.
- Check the deadline. Your written Answer is due by the Monday following 20 days after service. Missing the deadline lets the other side seek a default judgment.
- Call a family lawyer immediately. Same-day if possible. Get on the calendar.
- Don’t contact your spouse to negotiate. Anything you say can be used.
- Don’t move money, sell assets, or change beneficiaries. Most Texas courts have automatic standing orders prohibiting financial moves at filing.
- Don’t move out of the home with the children without legal advice – this can shift custody dynamics.
- Preserve records. Bank statements, tax returns, texts, emails. Save what you can.
- Don’t post about it. Social media posts get screenshotted.
- Don’t sign anything. Not waivers, not financial statements, nothing – until you’ve talked to a lawyer.
Before You File - How to Prepare
If you’re the one considering filing, the preparation phase often shapes the outcome more than the litigation phase. Things to do before filing:
- Gather financial records. Tax returns (3 years), bank statements (12 months), brokerage statements, retirement account statements, debt statements, paystubs, business records.
- List your assets and debts. A rough inventory of what you own, what you owe, and what’s separate property (pre-marriage or inherited).
- Document the household. Where you live, who pays for what, who handles the kids when.
- Don’t move out yet. Talk to a lawyer first. Moving out can change the temporary orders dynamic.
- Don’t open new accounts secretly. It looks like hiding assets, even if it isn’t.
- Don’t change beneficiaries or transfer property. Most standing orders prohibit this once the case is filed.
- Get your own lawyer first. Don’t share a “neutral” lawyer with your spouse – Texas doesn’t permit it for contested matters.
- Think about your goals. What does a good outcome look like for you in 12 months? In 5 years?
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Houston Family Courts
Divorce Cases Across Greater Houston
- Harris County - 245th, 247th, 257th, 280th, 308th, 309th, 310th, 311th, 312th District Courts, plus associate judges. Family Law Center, 1115 Congress Street, downtown Houston.
- Galveston County - 306th, 405th, and 122nd District Courts. County Courthouse, Galveston, plus Texas City facility.
- Fort Bend County - 387th and 505th District Courts. Justice Center, Richmond.
- Brazoria County - 300th and 328th District Courts. County Courthouse, Angleton.
How much does a divorce cost in Houston?
An uncontested Texas divorce can be completed for low four figures. A contested divorce with custody and complex property issues can run from $15,000 to $100,000+. The single biggest cost driver is how much the other side fights.
How long does a Texas divorce take?
Texas law requires a 60-day waiting period from filing to final decree. Most contested divorces take 6–12 months. High-conflict cases with a trial can take 12–24 months.
Do I have to live in Texas to file for divorce here?
You must have been a Texas resident for at least 6 months, and a resident of the county where you file for at least 90 days, before filing.
Can I get divorced without going to court?
Yes - most Texas divorces resolve without a contested trial through mediation, collaborative divorce, or negotiated settlement. You may still appear briefly at a "prove-up" hearing to finalize.
What if my spouse won't agree to a divorce?
You don't need your spouse's agreement. Once you file and serve them, the divorce moves forward whether they participate or not.
Is Texas a 50/50 state for property?
No. Texas is a community property state, and the court divides the community estate in a manner that is "just and right" - which often is roughly 50/50 but doesn't have to be.
Can I get a divorce if my spouse is hiding?
Yes. Texas allows "service by publication" or alternative service when a spouse can't be located after diligent search. The process is slower and procedurally strict, but a divorce can proceed without an in-person service.
What if my spouse and I are still living together?
You can file for divorce while still living together. Many Houston spouses do. Living arrangements during the case are typically addressed in temporary orders.
Can my spouse take everything?
No. Even in fault-based cases, Texas courts can only divide community property in a "just and right" manner - they cannot strip a spouse of separate property or award one spouse 100% of the estate.
What happens if my spouse files first?
Whoever files first becomes the Petitioner; the other is the Respondent. It does NOT mean the Petitioner has any advantage on the merits. The court treats both sides equally.
Can I date during my divorce?
Texas doesn't legally prohibit it, but it can be a serious mistake - particularly when children are involved or fault grounds are at issue. Talk to your lawyer before introducing anyone new into the picture.
Do I need a divorce lawyer if my spouse and I agree on everything?
Even in uncontested cases, having an attorney draft the paperwork protects you. We see "agreed" divorces fall apart because one spouse didn't understand what they signed. A lawyer to review the final decree is almost always worth the modest cost.
Talk to a Board Certified Houston Divorce Lawyer
Whether you’ve been served, you’re thinking about filing, or you just want to understand your options, the first call is free of obligation. Confidential. No pressure.
The right time to talk to a divorce lawyer is before you take action – not after. Whether you’re a year out from making any decisions or you’ve already been served, we can help you understand the legal landscape and decide what to do next.
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