Deciding to end a marriage is rarely sudden, and it is never simple. By the time most people in New Braunfels and Comal County search for a divorce attorney, they have been carrying the question for months. This section of our site is meant to give you solid footing: what Texas law actually requires, how cases move through the district courts that serve New Braunfels, and what choices are in front of you.
At New Braunfels Family Law, our team has spent more than 10 years handling divorces in Comal County and the surrounding counties. The pages linked below are written to answer the questions people ask us most often in a first consultation.
How Divorce Works in Texas
Texas divorce law is found mainly in the Texas Family Code. A few points shape nearly every case:
- No-fault divorce is available. A spouse can ask for divorce because the marriage has become “insupportable” due to conflict that ends any reasonable hope of reconciliation. You do not have to prove that anyone did anything wrong. Fault grounds such as adultery and cruelty still exist and can matter. See our page on grounds for divorce.
- Residency comes first. One spouse must have lived in Texas for six months and in the county of filing for 90 days.
- There is a waiting period. The court usually cannot grant the divorce until at least 60 days have passed since filing.
- Texas is a community property state. Most property acquired during the marriage is presumed to belong to both spouses, and the court divides it in a way that is “just and right,” which is not always 50/50.
- Children come first. If you have children together, the decree must address conservatorship (the Texas term for custody), a possession schedule and child support.
Agreed or Contested?
The single biggest factor in how long a divorce takes and what it costs is how much the spouses agree.
| Agreed (uncontested) | Contested | |
|---|---|---|
| Typical approach | Spouses settle every issue and sign an agreed decree | A judge or jury decides issues the spouses cannot settle |
| Time | Often close to the 60-day minimum | Several months to a year or longer |
| Cost | Lower; flat fees are often possible | Higher; depends on discovery, hearings and trial |
| Court appearances | Often one short hearing, or none in some cases | Hearings, mediation and possibly trial |
Most cases fall somewhere in between. Many divorces start out contested and settle in mediation. Our pages on uncontested divorce and contested divorce explain both paths in detail.
Divorce in New Braunfels Has a Local Wrinkle
New Braunfels is the county seat of Comal County, but parts of the city sit in Guadalupe County. Your divorce is filed with the district clerk in the county where you or your spouse lives, so a family living off the eastern edge of town may belong in Seguin rather than downtown New Braunfels. We also help families in Canyon Lake, Bulverde, Spring Branch, Garden Ridge, Schertz, Cibolo, San Marcos, Kyle, Wimberley and Boerne, across Comal, Guadalupe, Hays and Kendall counties.
The region’s rapid growth means many of the families we meet are newer to Texas, commute along I-35 to San Antonio or Austin, or are connected to Joint Base San Antonio. Each of those situations can raise questions about residency, schedules for children and retirement benefits.
Where to Start
If you are just beginning to think about divorce, these steps help regardless of where your case ends up:
- Learn the basics of how to file for divorce and the typical timeline.
- Gather financial records: tax returns, pay stubs, bank and retirement statements, mortgage and loan papers.
- Think about your children’s routine and what a workable schedule would look like.
- Avoid big moves such as emptying accounts, moving out with the children without a plan, or posting about your spouse online.
- Get advice early. A short conversation before you file can prevent expensive mistakes later.
Use the topic cards below to read about specific situations, including divorce with children, divorce during pregnancy, default divorce, the cost of divorce and what happens when a spouse will not cooperate.
Talk With a New Braunfels Divorce Attorney
You do not have to sort this out alone. Whether your case will be filed with the Comal County district clerk or in a neighboring county, our office offers a free consultation by phone, video or in person, and flat fees are available for many uncontested divorces. Se habla español. Call (830) 302-4071 or use the form below to tell us a little about your situation.
Divorce topics
Uncontested Divorce
When spouses agree on everything, an uncontested divorce can be faster, calmer and less expensive. Here is how it works in Texas.
Read more →Contested Divorce
When spouses disagree about property, support or children, a contested divorce follows a structured path toward settlement or trial.
Read more →How to File
The practical steps to start a Texas divorce, from checking residency to serving your spouse and finalizing the decree.
Read more →Where to File
Residency, venue and the Comal–Guadalupe county line: how to decide which Texas court should hear your divorce.
Read more →Divorce Timeline
From the 60-day waiting period to trial settings, here is a realistic look at how long a Texas divorce takes and why.
Read more →Cost of Divorce
What drives the cost of a Texas divorce, how legal fees are structured, and practical ways to keep spending under control.
Read more →Cheapest Divorce
Low-cost ways to end a marriage in Texas, from agreed decrees and fee waivers to flat-fee help, and when saving money now costs more later.
Read more →Default Divorce
When a served spouse does not respond, a Texas court can still grant the divorce. Here is how a default divorce works and what it takes.
Read more →Papers & Signatures
Which divorce documents need signatures, which must be notarized or sworn, and how to sign a Texas waiver of service correctly.
Read more →Divorce With Children
How a Texas divorce decides conservatorship, the possession schedule, child support and health coverage when you share children.
Read more →Divorce While Pregnant
You can file for divorce during pregnancy in Texas, but the case usually cannot be finalized until the baby is born. Here is why and what to do now.
Read more →Child From Another Man
How Texas handles a child born during the marriage whose biological father is not the husband: presumptions, genetic testing and deadlines.
Read more →Grounds for Divorce
Texas allows no-fault divorce and six fault grounds. Learn what each requires and when pleading fault is worth it.
Read more →Adultery
What counts as adultery in Texas, how it is proved, and how it can affect property division, spousal maintenance and custody.
Read more →Spouse Refuses Divorce
A spouse can delay a Texas divorce but cannot prevent it. Here is how cases move forward when one spouse will not cooperate.
Read more →Separation in Texas
Texas does not offer legal separation, but separated spouses still have options to protect property, set custody and manage finances.
Read more →Temporary Orders
How Texas temporary orders keep kids, money and the house stable while your Comal County divorce is still pending.
Read more →Divorce Mediation
What happens at Texas divorce mediation, why the signed agreement is binding, and how to prepare for a productive day.
Read more →Community Property
What counts as community property in Texas, how courts divide it in a just and right way, and how to protect your share.
Read more →Separate Property
What counts as separate property in Texas, why tracing matters, and how to prove your claim by clear and convincing evidence.
Read more →Who Keeps the House
How Texas divides the marital home, the choices between buyout and sale, and how to protect yourself when one spouse stays.
Read more →Retirement & QDROs
How Texas divides 401(k)s, pensions, IRAs, TRS, military and Railroad Retirement benefits, and what a QDRO does.
Read more →Business in Divorce
How Texas courts characterize and value a business in divorce, what goodwill means, and options for keeping the company running.
Read more →Debt in Divorce
How Texas divorce courts allocate credit cards, loans and tax debt, and how to protect your credit after the decree.
Read more →High-Asset Divorce
How Texas handles complex estates in divorce, including land, investments, stock awards, trusts, tracing and hidden assets.
Read more →Spousal Maintenance
Who qualifies for court-ordered spousal maintenance in Texas, how much and how long, and how contractual alimony works.
Read more →What a Wife Can Claim
A clear look at the property, support and other rights a wife may claim in a Texas divorce, and how to build a strong case.
Read more →Divorce for Men
Straight answers for husbands and fathers about custody, support, property and how to protect yourself in a Texas divorce.
Read more →Military Divorce
How Texas military divorces handle residency, SCRA delays, military retirement, survivor benefits, TRICARE and deployment-ready parenting plans.
Read more →Gray Divorce
Key issues for couples divorcing after 50, from retirement and Social Security to health insurance and updating your estate plan.
Read more →Same-Sex Divorce
How Texas handles same-sex divorce, including when the marriage began, property issues and protecting both parents' rights.
Read more →Annulment
When a Texas marriage can be annulled or declared void, how it differs from divorce, and what happens to property and children.
Read more →Frequently Asked Questions
Do I have to live in Comal County to file my divorce there?
One spouse must have lived in Texas for at least six months and in the county for at least 90 days before filing. Because part of New Braunfels lies in Guadalupe County, check which county your home is actually in. Our page on where to file explains the details.
What is the shortest time a Texas divorce can take?
Texas generally requires a 60-day waiting period after the petition is filed, so the earliest a judge can usually sign the decree is the 61st day. Exceptions exist in certain family violence situations. Most cases take longer, depending on how much the spouses agree.
Do we both need lawyers?
No. Texas does not require either spouse to hire a lawyer, and a lawyer can represent only one spouse. In many agreed cases one spouse hires counsel and the other reviews the paperwork independently or with their own attorney.
Can I get a free consultation about my divorce?
Yes. We offer a free consultation by phone, video or in person, in English or Spanish. Call (830) 302-4071 to set a time.
Last reviewed November 13, 2026. General information only, not legal advice.