Navigating the Divorce Process in West Texas: Frequently Asked Questions (2025 Update)

What is the first step in filing for divorce in West Texas?

The first step is filing an Original Petition for Divorce with the district clerk in the appropriate county, typically where either spouse has lived for at least 90 days.

Do I have to be separated before filing for divorce in Texas?

No. Texas does not require a legal separation before filing for divorce. You can file while still living in the same household.

How long does it take to finalize a divorce in West Texas?

There is a mandatory 60-day waiting period from the date of filing before a divorce can be finalized. Contested cases can take several months or longer depending on issues like custody, property division, or trial scheduling.

Is Texas a no-fault divorce state?

Yes. Most divorces in Texas are filed on the no-fault ground of “insupportability,” which means the marriage has become unworkable. Fault-based grounds (like cruelty or adultery) can still be pled and may impact property division.

What if my spouse doesn’t want the divorce?

You can still proceed. As long as one spouse wants the divorce, the court will not force the parties to stay married.

How is property divided in a Texas divorce?

Texas is a community property state. That means property acquired during the marriage is generally split equitably (not necessarily 50/50). Separate property (like inheritances or pre-marriage assets) is not divided.

Can I get temporary orders for custody or support during the divorce?

Yes. Temporary orders can be requested early in the case to establish who will have custody, who stays in the home, and whether one spouse must pay temporary child or spousal support.

How is child custody decided in West Texas courts?

Courts apply the “best interest of the child” standard. Most parents are named joint managing conservators, but primary custody (right to determine residence) may be granted to one parent. Judges consider stability, history of caregiving, and each parent’s ability to meet the child’s needs.

Can we settle without going to court?

Yes. Many divorces are resolved through informal settlement, mediation, or collaborative law. A final decree is still signed by a judge, but trial can be avoided.

Do I need a lawyer for my divorce in West Texas?

It’s not required, but strongly recommended—especially if your case involves children, property, debt, or contested issues. An experienced local attorney understands the procedures and tendencies of the judges in your county.

How much does divorce cost in West Texas?

Uncontested divorces may cost between $1,500–$3,000. Contested cases can range from $5,000 to $15,000+, depending on complexity. At DDC Law, we offer flat-fee options for uncontested cases and trial-ready representation for contested matters.

How can I get started with DDC Law, PLLC?

We offer free phone consultations and fast filing options. Call 432.222.5910 or visit www.ddclawpllc.com to schedule your case review.

About the Author

Derek D. Cook is a trial attorney based in Midland, Texas and the founder of DDC Law, PLLC. He represents clients throughout the Permian Basin in family law, business litigation, and real property disputes. His firm is known for trial readiness, honest communication, and aggressive advocacy.