Filing for divorce is a significant legal step that affects every aspect of your life, your finances, your living situation, and if you have children, your family structure. If you’re considering divorce in Montgomery County, Texas, understanding the filing process helps you prepare for what lies ahead and make informed decisions about how to proceed.
At Griffin & Cain, Attorneys at Law, our Conroe divorce attorneys have guided hundreds of clients through the divorce process in Montgomery County. This comprehensive guide walks you through everything you need to know about filing for divorce, from initial requirements to final decree.
Before You File: Requirements for Divorce in Texas
Texas has specific requirements that must be met before you can file for divorce in Montgomery County:
Residency Requirements
To file for divorce in Texas, you or your spouse must meet the following residency requirements:
- At least one spouse must have been a resident of Texas for the preceding six months
- At least one spouse must have been a resident of Montgomery County for the preceding 90 days
If you don’t meet these requirements, you’ll need to wait or file in a county where you do meet the residency standards. If your spouse lives in another county, you typically file where either spouse meets the residency requirement.
Grounds for Divorce in Texas
Texas allows both “no-fault” and “fault-based” divorce. The vast majority of Texas divorces are filed on no-fault grounds:
No-Fault Divorce (Insupportability): You simply state that the marriage has become insupportable because of discord or conflict that destroys the legitimate ends of the marital relationship with no reasonable expectation of reconciliation. This is the most common ground and doesn’t require proving anyone did anything wrong.
Fault-Based Grounds: Texas also recognizes several fault-based grounds, including:
- Cruelty
- Adultery
- Felony conviction (spouse imprisoned for at least one year)
- Abandonment (spouse left with intent to abandon and remained away for at least one year)
- Living apart (spouses have lived apart without cohabitation for at least three years)
- Confinement in mental hospital
While fault grounds can affect property division, they also make the divorce more contentious and expensive. An attorney can help you determine whether alleging fault is strategically beneficial in your case.
Step-by-Step: Filing for Divorce in Montgomery County
Step 1: Prepare Your Original Petition for Divorce
The divorce process begins when one spouse (the “Petitioner”) files an Original Petition for Divorce with the court. This document includes:
- Names and addresses of both spouses
- Date and location of marriage
- Grounds for divorce
- Whether there are children of the marriage
- Property and debts to be divided
- What relief you’re seeking (custody, support, property division, etc.)
If you have children, you’ll also need to file a completed Suit Affecting the Parent-Child Relationship (SAPCR), which addresses child custody and child support issues.
Step 2: File with the Montgomery County District Clerk
File your petition with the Montgomery County District Clerk’s Office. You can file in person at:
Montgomery County District Clerk
301 N. Main Street, Suite 260
Conroe, TX 77301
Montgomery County also offers e-filing through the Texas e-filing system for attorneys and self-represented litigants who register for access.
Filing Fees
As of 2025, the filing fee for divorce in Montgomery County is approximately $300-$350 for the initial petition. Additional fees apply for:
- Citation and service of process
- Amended pleadings
- Motions and other filings
- Certified copies of the final decree
If you cannot afford the filing fees, you may qualify for a waiver by filing an Affidavit of Indigency.
Step 3: Serve Your Spouse
After filing, your spouse (the “Respondent”) must be formally notified of the divorce. Texas allows several methods of service:
Service by Constable or Process Server: The most common method. A constable or private process server personally delivers the citation and petition to your spouse.
Waiver of Service: If your spouse is cooperative, they can sign a waiver of service, acknowledging they received the petition and agreeing to participate in the divorce. This is faster and less expensive than formal service.
Service by Publication: If you cannot locate your spouse, the court may allow service by publishing notice in a newspaper. This is only permitted after other methods have been exhausted.
Step 4: Wait for the Response
After being served, your spouse has until 10:00 a.m. on the first Monday after 20 days have passed to file an Answer with the court. They may also file a Counter-Petition, requesting their own terms for the divorce.
If your spouse doesn’t respond, you may be able to pursue a default judgment, but the court will still require compliance with all legal requirements, including the waiting period.
Step 5: The 60-Day Waiting Period
Texas imposes a mandatory 60-day waiting period from the date the divorce petition is filed before the divorce can be finalized. This cooling-off period applies even if both parties agree to all terms.
The only exception is for cases involving family violence—if you have a protective order against your spouse or your spouse has been convicted of a family violence offense against you or a family member, the waiting period may be waived.
Step 6: Discovery and Negotiation
During the divorce process, both parties exchange information about assets, debts, income, and other relevant matters. This “discovery” phase may include:
- Written questions (interrogatories)
- Requests for documents (requests for production)
- Sworn testimony (depositions)
- Subpoenas for records from banks, employers, and other third parties
Simultaneously, parties typically negotiate to try to reach agreement on contested issues. Mediation is often required by Montgomery County courts before setting a case for trial.
Step 7: Temporary Orders (If Needed)
If immediate issues need to be addressed during the divorce—such as who lives in the house, temporary custody arrangements, or temporary support—either party can request a temporary orders hearing. Common temporary orders address:
- Exclusive use of the marital residence
- Temporary child custody and visitation
- Temporary child support and spousal support
- Who pays which bills during the divorce
- Restraining orders preventing dissipation of assets
Step 8: Finalize the Divorce
If you and your spouse reach agreement on all issues (an “agreed” or “uncontested” divorce), you’ll prepare an Agreed Final Decree of Divorce, and one party will appear at a brief “prove-up” hearing to finalize the divorce.
If you cannot agree (“contested” divorce), the case proceeds to trial where a judge will decide all disputed issues. Trials can range from a few hours for simple disputes to multiple days for complex cases involving significant assets or highly contested custody issues.
Contested vs. Uncontested Divorce in Montgomery County
Understanding the difference between contested and uncontested divorce helps you understand what to expect:
Uncontested Divorce
In an uncontested divorce, both spouses agree on all issues, including:
- Division of property and debts
- Child custody and visitation
- Child support
- Spousal support (if any)
Uncontested divorces are faster, less expensive, and less stressful. They typically conclude shortly after the 60-day waiting period ends.
Contested Divorce
In a contested divorce, the parties disagree on one or more significant issues. These cases require more extensive negotiation, often involve mediation, and may ultimately require trial. Contested divorces take longer (often 6-18 months or more) and cost significantly more in attorney fees.
What Gets Divided in a Texas Divorce?
Texas is a community property state, meaning property acquired during the marriage generally belongs to both spouses equally. The court divides community property in a manner that is “just and right,” which doesn’t always mean 50/50.
Community Property Includes:
- Income earned during marriage
- Real estate purchased during marriage
- Vehicles, furniture, and personal property acquired during marriage
- Retirement accounts earned during marriage
- Business interests acquired during marriage
- Debts incurred during marriage
Separate Property Remains with the Original Owner:
- Property owned before marriage
- Gifts received during marriage
- Inheritances
- Personal injury settlements (except for lost wages)
For more information, see our detailed guide on property distribution in Texas divorce.
Divorce with Children in Montgomery County
When children are involved, divorce becomes more complex. Texas courts prioritize the best interests of the children when making decisions about:
Conservatorship (Custody)
Texas uses the term “conservatorship” rather than “custody.” Parents are typically appointed as Joint Managing Conservators, sharing rights and duties. However, one parent usually has the exclusive right to determine the child’s primary residence.
Possession and Access (Visitation)
Texas has a Standard Possession Order that provides a default visitation schedule. Many families modify this schedule to fit their specific circumstances.
Child Support
Texas calculates child support using statutory guidelines based on the paying parent’s income. The 2025 changes increased the child support cap to $11,700 in monthly net resources, which may significantly affect support calculations.
How Long Does Divorce Take in Montgomery County?
The minimum time for a divorce is 60 days (the waiting period). Realistically:
- Uncontested divorce with agreement: 60-90 days
- Divorce requiring negotiation: 3-6 months
- Contested divorce requiring trial: 6-18+ months
Complex cases involving significant assets, business valuations, or highly contested custody issues may take longer.
Frequently Asked Questions
Can I file for divorce without an attorney?
Technically yes, but it’s not recommended except in the simplest cases. Divorce involves complex legal and financial issues, and mistakes can have lasting consequences.
What if my spouse won’t sign the divorce papers?
Your spouse doesn’t need to agree to the divorce. If they refuse to participate, you can proceed with a default divorce after proper service.
Can I date during the divorce?
While not illegal, dating during divorce can complicate matters, especially regarding custody evaluations and claims of adultery.
What if we reconcile after filing?
You can dismiss the divorce case at any time before it’s finalized if you reconcile.
Contact Montgomery County Divorce Attorneys Today
Filing for divorce is just the first step in a process that will reshape your future. Having experienced legal counsel ensures your rights are protected and helps you achieve the best possible outcome for your circumstances.
At Griffin & Cain, Attorneys at Law, our family law team has extensive experience guiding clients through divorce in Montgomery County, Walker County, and the greater Houston area. We serve clients throughout Conroe, The Woodlands, Magnolia, Willis, Huntsville, and surrounding communities.
Contact us today for a free consultation. Let us help you understand your options and take the first step toward your new beginning.
