What to Do in the First 30 Days After Filing for Divorce in Texas
You filed for divorce. The paperwork is in. Now what? The period immediately after filing is one of the most consequential stretches of the entire process — and most people don’t know what’s actually expected of them. Knowing what to do after filing for divorce in Texas in those first 30 days can protect your finances, your relationship with your children, and your legal position before a single hearing ever takes place.
This guide walks through the critical steps, deadlines, and decisions you’ll face in the first month after filing — written for people going through it in San Antonio, Boerne, and across Bexar and Kendall County.
Step 1: Understand the Texas Divorce Timeline Before Anything Else
Texas law imposes a mandatory 60-day waiting period after a divorce petition is filed before a final decree can be granted. No matter how amicably things go or how fast both parties agree on everything, the divorce cannot be finalized before that window closes. For most contested divorces, the process takes considerably longer — often six months to a year or more depending on the complexity of the issues involved.
Understanding this upfront matters because the first 30 days are not about finishing the divorce. They’re about establishing your position for everything that follows. Our post on how long divorce takes in Texas covers the full timeline in detail if you want a broader picture of what’s ahead.
Step 2: Serve Your Spouse (or Confirm Service Has Been Completed)
Filing the petition starts the clock, but the case cannot move forward until your spouse is formally served with divorce papers. In Texas, service must generally be completed within 90 days of filing, though getting it done quickly matters for scheduling purposes. Your spouse then has 20 days plus the following Monday to file an Answer with the court.
If your spouse is cooperative and willing to sign a Waiver of Service, you can skip the process server entirely and move faster toward an agreed resolution. If they are not cooperative — or if their whereabouts are unknown — your attorney will need to arrange formal service through a constable, private process server, or in rare cases, by publication.
Step 3: Comply With Automatic Temporary Restraining Orders
This is the step most people don’t know about, and ignoring it can seriously damage your case. In Texas, when a divorce petition is filed, Automatic Temporary Restraining Orders (ATROs) immediately go into effect for both parties — even before the other spouse is served.
ATROs prohibit both parties from taking actions like:
- Transferring, selling, hiding, or destroying marital property
- Withdrawing unusual amounts of money from joint accounts
- Canceling or changing insurance policies (health, life, auto, home)
- Removing the children from the state of Texas without written consent or a court order
- Making major financial decisions outside the ordinary course of business
- Harassing or communicating with the other party in a threatening manner
ATROs are not optional and they are not based on fault. They apply to both spouses automatically and violations can be used against you in hearings. If you have questions about what’s allowed under your specific order, review this with your attorney before taking any financial action.
Step 4: Gather and Organize Your Financial Documents
The first 30 days are the best time to collect financial records while you still have full access to them. Once a divorce becomes contested, access to shared accounts and documents can become more complicated. Prioritize gathering:
- Bank and investment account statements (at least 12 months back)
- Tax returns for the past 2–3 years
- Pay stubs and proof of income for both spouses
- Mortgage statements, property deeds, and vehicle titles
- Retirement and pension account statements
- Documentation of any separate property you owned before the marriage or received as a gift or inheritance
- Credit card statements and records of any significant debts
Texas is a community property state, meaning most assets and debts acquired during the marriage are divided between both spouses. Understanding what you own — and what you owe — is foundational to protecting your interests. Our post on what counts as community property in Texas explains how that division works in more detail, and our post on how to prepare financially before filing covers the steps that should ideally happen before the petition goes in — but it’s not too late to act on these now.
Step 5: Establish Independent Finances
If you don’t already have individual bank accounts and credit in your own name, open them now. You are permitted to withdraw your fair share of joint funds for living expenses — but unusual or large withdrawals, or anything that looks like you’re hiding assets, can violate ATROs and be used against you. Keep withdrawals reasonable, document what you spend them on, and talk to your attorney before moving significant sums.
Also update direct deposit and automatic payments as appropriate, and make sure you have access to enough cash to cover your living expenses and legal fees without depleting shared accounts improperly.
Step 6: Address Temporary Orders If Children or Finances Are at Stake
If children are involved, temporary orders are one of the most important things to address in the first 30 days. Temporary orders establish custody, visitation, child support, and spousal support on an interim basis while the divorce is pending — and the arrangements put in place early often influence the final outcome.
Either party can request a temporary orders hearing, which is typically scheduled within the first few weeks after the divorce is filed. The court will make interim decisions about who the children live with, which parent pays support, who stays in the marital home, and other immediate practical matters. Understanding what to expect at that hearing is critical — our post on what happens at a temporary orders hearing in Texas explains the process step by step.
Step 7: Protect Your Relationship With Your Children
If you share children, how you conduct yourself in the first 30 days after filing sends a signal to the court that can carry through the entire case. Texas courts focus on the best interest of the child, and judges and evaluators look at which parent is cooperative, which parent supports the other’s relationship with the kids, and which parent is using the children as leverage.
Keep communication about the children brief, documented, and business-like. Do not speak negatively about your spouse in front of the children. Stay involved in school, medical, and extracurricular activities — and document that involvement. If you’re concerned about your custody rights in the early stages of a divorce, our custody disputes page outlines how Gilbert Law Office approaches these cases, and our post on father’s rights in Texas addresses specific concerns for dads navigating this process.
Frequently Asked Questions: After Filing for Divorce in Texas
Can I date someone else after I file for divorce in Texas?
Technically yes, since you are still legally married until a final decree is issued, dating during a divorce can complicate proceedings. Texas is a fault-based divorce state, and adultery can factor into property division and spousal maintenance decisions. It can also affect how you’re perceived in custody hearings. Most attorneys recommend waiting until the divorce is final.
Do I have to move out of the marital home after filing?
No. Neither spouse is legally required to vacate the marital home simply because a divorce has been filed. Unless a court order specifically requires one party to leave — such as a temporary orders ruling or a protective order — both spouses have the right to remain in the home. Voluntarily leaving can sometimes be used to argue abandonment of the property, so talk to your attorney before moving out.
Can my spouse freeze our bank accounts after I file?
ATROs restrict both parties from making unusual withdrawals or transfers, but they do not authorize either spouse to unilaterally freeze accounts. If your spouse takes actions to cut off your access to marital funds in violation of ATROs, your attorney can seek court intervention quickly.
What happens if my spouse doesn’t respond to the divorce petition?
If your spouse fails to file an Answer within the required time (20 days plus the following Monday after service), you may be able to proceed with a default divorce. A default allows the court to grant the divorce based on your petition alone, without the other party’s participation. A judge will still review the terms to ensure they are fair and legally compliant.
Should I try to settle or prepare for a contested divorce?
Many Texas divorces that start contested ultimately settle before trial — often through mediation, which Texas courts frequently require before a case proceeds to a final hearing. That said, how prepared you are for a contested case directly determines your negotiating leverage in settlement talks. The right approach is to prepare as if it will be contested, while remaining open to a negotiated resolution that serves your interests.
Get Guidance From a San Antonio Divorce Attorney Who Knows What’s at Stake
Knowing what to do after filing for divorce in Texas in that first month is the difference between getting ahead of the process and spending months catching up. The decisions made now — about finances, children, temporary orders, and legal strategy — create the foundation every subsequent hearing builds on.
The State Bar of Texas strongly recommends working with a licensed family law attorney from the moment you file, not after a problem develops. Attorney Matthew Gilbert serves clients across Bexar and Kendall County from offices in San Antonio and Boerne, handling divorce cases with the clarity and tenacity that this kind of process demands.
If you’ve recently filed — or are getting ready to — contact Gilbert Law Office today to schedule a consultation.
External reference: Texas Family Code Chapter 6 governs divorce grounds, waiting periods, and procedural requirements in Texas.