Filing For Divorce in Texas: Attorney Explains Step-by-Step Process

Filing For Divorce in Texas: Attorney Explains Step-by-Step Process

If you are considering getting a divorce in Texas, do you know how to go about the process? How long will the process take? According to Texas divorce law, does it matter who files first?

This interview features Erin Leake, a family law attorney with Vaught Law Firm in Austin, Texas. She focuses her practice on divorce, child support, child custody, and marital agreements.

In this interview, she explains what you can expect if you are considering going through the divorce process in Texas.

To learn more, visit her AskTheLawyers™ profile:

Contact her directly by calling 888-981-0085.

Topics covered in this interview:

0:32 – Does it matter who files for divorce first?
1:18 – What are temporary orders?
1:55 – What is discovery?
2:30 – What is the difference between formal discovery and informal discovery?
2:59 – How does Texas handle child custody and child support?
3:34 – How is property divided in Texas?
4:08 – Is Texas a community property state?
4:44 – Are retirement funds considered to be community property?
5:34 – How long does a divorce take in Texas?

Disclaimer: This video is for informational purposes only. In some states, this video may be deemed Attorney Advertising. The choice of lawyer is an important decision that should not be based solely on advertisements.


  1. What about a clean divorce as in both parties just want out and there will be no fighting over property? Will that still take 60 days or can it be done and over with.

  2. My attorney did not ask opposing counsel for any documents and court saw fair and just for me to be thrown out of my apartment and him kept both vehicles I’m so lost . Fair and just

  3. How about any real estate inheritance and then improvements were made to that inheritance with funds from both caples is that become part of own property by both?

  4. Does filling for divorce in a county close to the boarder, have a chance for possible fraudulent justices?

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