Filing for divorce is a series of practical steps, and each one has a purpose. For residents of New Braunfels and Comal County, the process starts with the district clerk in the county where you live. This guide explains what happens from the day you decide to file to the day the judge signs your decree, and where a divorce attorney or family law attorney can save you time and trouble along the way.
Before You File: Three Questions to Answer
Do you meet the residency requirement?
Under Texas Family Code § 6.301, either you or your spouse must have lived in Texas for the past six months and in the county where you file for the past 90 days. If you just moved to New Braunfels from out of state, you may need to wait. If your spouse has lived here long enough, you may be able to file even if you have not.
Which county is right?
Most people in New Braunfels file in Comal County, but part of the city is in Guadalupe County. The question is where you actually live, not what your mailing address says. Our page on where to file for divorce covers this in more detail, including military families and spouses who live in different counties.
Will the case be agreed or contested?
If you and your spouse agree on everything, the paperwork is simpler and the case can move quickly as an uncontested divorce. If not, you may need temporary orders, discovery and mediation. Knowing which path you are on shapes everything that follows.
Step-by-Step: Filing for Divorce in Comal County
Step 1: Gather information
Before drafting anything, collect:
- Full legal names, dates of birth and addresses for both spouses
- Date of marriage and date of separation, if any
- Names and birth dates of children of the marriage
- A list of property and debts, with account statements
- Recent pay stubs and tax returns
- Any prenuptial or postnuptial agreement
Our divorce checklist has a more complete list.
Step 2: Prepare the Original Petition for Divorce
The petition tells the court who you are, why you qualify to file in that county, the grounds for divorce, whether there are children, whether the wife is pregnant, and what you are asking the court to do. Most petitions use the no-fault ground of insupportability. If fault grounds apply, they can be pleaded as well. See grounds for divorce.
If you have children together, the petition also asks the court to set conservatorship, possession and child support.
Step 3: File with the district clerk
The petition is filed with the district clerk in the county of residence. Filing can usually be done electronically. The clerk assigns a cause number and a court. Filing fees change, so check the current fee schedule with the district clerk. If you cannot afford court costs, you may file a Statement of Inability to Afford Payment of Court Costs.
Ask the clerk whether a standing order applies to divorce cases in that county. Where one exists, it sets basic rules both spouses must follow while the case is pending, such as not hiding property or disrupting the children’s routine.
Step 4: Serve your spouse, or get a waiver
Your spouse must receive legal notice. There are two common ways:
- Formal service. A constable, sheriff or certified private process server delivers the citation and petition and files proof of service.
- Waiver of service. If your spouse is cooperative, they can sign a waiver after the petition is filed. Texas has strict requirements for this document, explained on our page about divorce papers and signatures.
If your spouse cannot be found, the court may allow alternative service or service by publication after you show diligent efforts to locate them.
Step 5: Wait for an answer, or move toward default
A served spouse generally has until 10:00 a.m. on the Monday after 20 days have passed from service to file an answer. If they file nothing, you may be able to proceed by default, though you will still need to prove your case to the judge.
Step 6: Seek temporary orders if needed
If you need decisions about the house, bills or the children right away, you can ask for temporary orders. These stay in place until the final decree.
Step 7: Exchange information and negotiate
In an agreed case, this may be a simple exchange of statements. In a contested case, it may involve formal discovery and mediation.
Step 8: Wait out the 60 days
Texas Family Code § 6.702 generally prevents the court from granting a divorce until 60 days after the petition was filed. There are limited exceptions involving family violence.
Step 9: Finalize the decree
When everything is resolved, by agreement or by trial, a Final Decree of Divorce is prepared and presented to the judge. In many agreed cases the petitioner gives brief testimony at a short hearing. Once the judge signs, the divorce is final, though some steps, such as transferring titles or dividing retirement accounts, happen afterward.
After the Decree Is Signed
Signing the decree is not quite the end. You may need to:
- Record a deed or sign title transfers for vehicles
- Submit a QDRO to a retirement plan administrator
- Change beneficiaries on life insurance and retirement accounts
- Update your name with Social Security, the DPS and your bank if your name was restored
- Request certified copies of the decree from the district clerk
Mistakes to Avoid When Filing
- Filing in the wrong county. It can delay your case or require transfer.
- Leaving out a child or property. Omissions can lead to costly fixes later.
- Signing a waiver before the petition is filed. It may not be valid.
- Assuming the 60 days means you are done. The waiting period is a minimum, not a deadline.
- Moving money or property right before filing. It can look like concealment.
Talk With a New Braunfels Family Law Attorney
Filing correctly the first time saves money and stress. Our firm helps clients across New Braunfels, Comal County and the surrounding area file for divorce, whether the case is agreed or contested. Call (830) 302-4071 for a free consultation by phone, video or in person. Hablamos español.
Frequently Asked Questions
What form starts a divorce in Texas?
A divorce begins with an Original Petition for Divorce filed with the district clerk. It identifies the spouses, states the residency facts and grounds, lists any children of the marriage, and tells the court what relief you are asking for.
Can I file for divorce online in Comal County?
Texas district clerks accept electronic filing through the statewide e-filing system, and attorneys are generally required to use it. People representing themselves can often e-file too. Check with the Comal County district clerk for current options.
What if I can't afford the filing fee?
You may be able to file a Statement of Inability to Afford Payment of Court Costs with your petition. If the court accepts it, you may not have to pay filing and service costs. The clerk can tell you the current fee schedule.
Do I have to tell my spouse before I file?
There is no legal requirement to warn your spouse first, though in many cooperative cases spouses talk before filing. If you have safety concerns, plan your filing carefully and consider whether a protective order is needed.
Does it matter who files first?
Usually it makes little difference to the final result, but the spouse who files first may control timing and, in some situations, which county the case is in. Filing first also lets you seek temporary orders sooner.
Last reviewed November 13, 2026. General information only, not legal advice.