If you are starting a divorce or a custody case in Harris County, the process can feel overwhelming, especially if this is your first time in the family court system. This guide walks through how these cases actually work in Harris County, Texas: where they are filed, the basic steps, how long they usually take, and where to find help locally. It is general information, not legal advice, but it should help you understand what to expect.
Where divorce and custody cases are filed in Harris County
In Texas, a divorce is a lawsuit. In Harris County, you file your case with the Harris County District Clerk, and family cases are heard in the county’s family district courts. Harris County has ten family district courts, located in the civil courthouse at 201 Caroline Street in downtown Houston, and your case is assigned to one of them when you file.
Custody, when it is not part of a divorce, is handled through a case called a Suit Affecting the Parent-Child Relationship (SAPCR) — for example, when unmarried parents need orders for custody, visitation, and support. A SAPCR is filed with the same District Clerk and heard in the same family courts.
If your situation involves family violence, the Harris County family courts also handle protective orders. You can learn more on our protective orders page. If you or your children are in immediate danger, call 911 first.
Who can file: Texas residency requirements
Before you can file for divorce in Harris County, Texas law generally requires that one spouse has lived in Texas for at least the last six months and in the county of filing for at least the last 90 days. These residency rules are one of the first things to confirm, because filing in the wrong county can delay your case.
The divorce process, step by step
Every case is different, but most Harris County divorces follow a similar path:
- File the Original Petition for Divorce. This opens the case with the District Clerk and starts the clock.
- Ask about temporary protective orders. Some Texas counties automatically issue a standing order at filing that keeps things stable while a case is pending; Harris County generally does not attach one automatically. To get similar protection — for example, to keep a child from being moved out of the area, or to prevent either spouse from hiding or spending marital money and property — a party can ask the court for a temporary restraining order and temporary orders early in the case.
- Serve the other spouse. The other spouse must be formally notified, or they can sign a waiver of service.
- 60-day waiting period. Texas requires a minimum 60-day waiting period after filing before a divorce can be finalized (a narrow exception applies in certain family-violence situations), so the earliest a Texas divorce can be completed is about 61 days. Many cases take longer.
- Temporary orders, if needed. Early on, the court can enter temporary orders covering things like who lives in the home, temporary support, and a temporary schedule for the children while the case is pending.
- Exchange of information (discovery). Both sides share financial and other relevant information so the issues can be resolved fairly.
- Mediation. Harris County’s local rules generally require the parties to attempt mediation — a confidential session with a neutral mediator — before a contested case can be set for final trial. Many families reach an agreement here, which saves time and cost.
- Final decree. Once everything is resolved by agreement or by the judge, the court signs a Final Decree of Divorce that sets out the terms. Learn more on our Houston divorce page.
How custody (conservatorship) works in Texas
Texas does not use the word “custody” in its statutes. Instead, it talks about conservatorship (decision-making rights and duties) and possession and access (the schedule for time with each parent). Courts decide these issues based on the best interest of the child, considering factors like the child’s needs, each parent’s abilities, and stability. Texas has a Standard Possession Order that many families use as a starting point for the schedule.
Child support is decided separately, using statutory guidelines based on the paying parent’s resources and the number of children. You can read more on our child custody and child support pages.
How long it takes
After the 60-day waiting period, an uncontested divorce (where both spouses agree on everything) often finalizes in about two to three months. A contested divorce, with disagreements over property, support, or the children, commonly takes six months to a year or more, depending on how complex the issues are and the court’s schedule. Cases with children, a home or retirement accounts to divide, or a business usually take longer.
Local Harris County resources
You do not have to navigate the system blind. Helpful local and Texas resources include:
- The Harris County District Clerk website, for filing information and case records.
- The Harris County Law Library in downtown Houston, which offers self-help resources for people handling their own cases.
- Houston Volunteer Lawyers and Lone Star Legal Aid, which provide free or low-cost help to those who qualify.
- TexasLawHelp.org, a statewide site with plain-language guides and court-approved forms.
These resources are especially useful if you cannot afford an attorney or simply want to understand your options before you decide how to proceed.
How Hinojosa Law Office, P.C. helps
Hinojosa Law Office, P.C. is a family-law firm on Uvalde Road in East Houston, led by attorney Monica A. Hinojosa. We help families across Harris County with divorce, child custody and support, and related matters, in English and Spanish. We take the time to explain the Harris County process, answer your questions, and guide you step by step.
To talk with a Houston family-law attorney, call (713) 455-3575 or visit our family-law page. Se habla español.
This article provides general information about Texas and Harris County family law and is not legal advice. Court procedures and local rules change; please consult an attorney about your specific situation.
Frequently Asked Questions
- Where do I file for divorce in Harris County? You file with the Harris County District Clerk; family cases are heard in the county’s ten family district courts at the civil courthouse in downtown Houston.
- How long does a divorce take in Harris County? At least 61 days because of the state’s 60-day waiting period; uncontested cases often finish in two to three months, and contested cases usually take six months to a year or more.
- Do I have to go to mediation? Harris County’s local rules generally require the parties to attempt mediation before a contested case is set for final trial. Many cases settle there.
- Where can I get help if I cannot afford a lawyer? Houston Volunteer Lawyers, Lone Star Legal Aid, the Harris County Law Library, and TexasLawHelp.org are good starting points.