If you’re facing divorce in Texarkana or surrounding areas, here’s a quick overview of what to expect, from filing to final decree.
Divorce is never easy. Even in the most amicable situations, separating your life from your spouse’s involves emotional and legal complexities. If you live in Texarkana, Atlanta, or nearby areas, understanding the divorce process in Texas can help reduce stress and prepare you for what’s ahead.
At the Law Office of Derric McFarland, we help individuals and families navigate divorce and family law matters with clarity and confidence. Derric is licensed in both Texas and Arkansas and serves clients from offices located in Texarkana and Atlanta.
Divorce in Texas: The Basics
A divorce in Texas legally ends a marriage and determines how issues like property, custody, and support are handled going forward. You don’t need to prove that someone did something wrong to get a divorce—Texas allows for both “no-fault” and fault-based divorces.
Common grounds for divorce include:
- Insupportability (no-fault)
- Adultery
- Cruelty
- Abandonment
- Felony conviction
- Living apart for at least three years
For most people, filing on the basis of insupportability is the simplest and least contentious route.
Who Can File for Divorce in Texas?
To file for divorce in Texas, at least one spouse must:
- Have lived in Texas for at least 6 months, and
- Have resided in the county (like Bowie or Cass County) for at least 90 days before filing.
So if you or your spouse have been living in Texarkana, Atlanta, or surrounding areas, you’ll likely file in one of the local district courts.
Key Steps in the Divorce Process
Here’s a general outline of what the divorce process looks like in Texas:
1. Filing the Petition
One spouse (the “petitioner”) files an Original Petition for Divorce with the court. This legal document starts the case and outlines what the petitioner is requesting (such as property division or child custody).
2. Serving the Other Spouse
The other spouse (the “respondent”) must be formally served with divorce papers unless they sign a waiver. They then have the opportunity to file a response.
3. Temporary Orders
If needed, the court can issue temporary orders to address immediate concerns like who stays in the home, temporary custody arrangements, or who pays certain bills.
4. Negotiation or Mediation
Many divorces involve negotiation or mediation to settle issues like child support, spousal support, or property division without going to trial.
5. Final Decree
Once all issues are resolved, the court issues a Final Decree of Divorce, which legally ends the marriage and outlines all final terms.
How Long Does a Divorce Take in Texas?
Texas has a mandatory 60-day waiting period from the time the petition is filed until a divorce can be finalized. However, many cases take longer—especially if there are contested issues, complex assets, or disagreements about custody.
Uncontested divorces may be completed in a few months, while contested divorces can take six months to a year (or more).
Property Division in Texas
Texas is a community property state. This means that any property acquired during the marriage is generally considered jointly owned and will be divided in a way that the court deems “just and right.” That doesn’t always mean a 50/50 split.
The court considers factors like:
- The length of the marriage
- Each spouse’s earning ability
- Whether there was misconduct (like infidelity)
- Custody of children
Assets like retirement accounts, real estate, vehicles, and debts will all be part of the division process.
Child Custody and Support
If children are involved, the divorce will also address:
- Conservatorship (custody)
- Possession and access (visitation)
- Child support
Texas courts focus on the best interest of the child, and in most cases, both parents will share joint managing conservatorship unless there’s a reason not to.
Child support is usually based on state guidelines that consider the paying parent’s income and number of children.
Do You Need a Lawyer?
While Texas law allows you to represent yourself in a divorce, family law cases can become complex quickly. Having an attorney ensures your rights are protected and that you’re making fully informed decisions—especially when children, property, or retirement assets are involved.
The Law Office of Derric McFarland helps clients throughout Texarkana, Atlanta, and surrounding areas in both Texas and Arkansas understand their legal options and work toward a fair resolution.
Serving Families in Texas and Arkansas
Because Derric is licensed in both states, our office is uniquely equipped to assist families with cross-border legal issues—especially common in the Texarkana area, where couples may own property or live across state lines.
With offices in Texarkana and Atlanta, we’re committed to providing accessible, client-focused support throughout your divorce journey.
Considering Divorce? Get the Guidance You Need
If you’re thinking about divorce or have already been served papers, don’t face it alone. Having the right information and support can help you move forward with clarity and confidence.
Contact The Law Office of Derric McFarland today to schedule a confidential consultation and take the first step toward protecting your future.
