Divorce in Texas

Overview of Texas Divorce Law

Texas recognizes both no-fault and fault-based grounds for divorce, giving spouses flexibility in how they approach the filing. The no-fault ground — called “insupportability” — requires only that the marriage has become insupportable due to discord or conflict with no reasonable expectation of reconciliation.

However, Texas also preserves six fault-based grounds, including cruelty, adultery, and abandonment. Proving fault can influence how the court divides property and may affect spousal maintenance awards, making it a strategic consideration in some cases.

Residency and Filing Requirements

At least one spouse must have been a resident of Texas for six months and a resident of the county where the divorce is filed for 90 days. Texas has a mandatory 60-day waiting period from the date the petition is filed before a divorce can be finalized. This is shorter than many states, meaning uncontested Texas divorces can move relatively quickly.

Active-duty military members stationed in Texas may use their period of service to meet the residency requirement, even if they maintain a legal domicile elsewhere.

Community Property in Texas

Texas is one of nine community property states. All property acquired during the marriage is presumed to be community property and is subject to a “just and right” division by the court — which does not necessarily mean a 50/50 split. Judges consider factors including each spouse’s earning capacity, fault in the breakup, custody of children, and the health and age of both parties.

Community property typically includes:

• Income earned by either spouse during the marriage
• Real estate and vehicles purchased during the marriage
• Retirement benefits and investment accounts accrued during the marriage
• Business interests started or grown during the marriage

Separate property — assets owned before the marriage, gifts, and inheritances — belongs to the individual spouse. However, the spouse claiming separate property has the burden of proving it through clear and convincing evidence, which often requires tracing transactions over many years.

Spousal Maintenance

Texas calls its alimony system spousal maintenance, and it is more limited than in many other states. To qualify, the requesting spouse must generally show they lack sufficient property to provide for their minimum reasonable needs and meet at least one of these conditions:

• The marriage lasted 10 years or more and the spouse cannot earn sufficient income
• The spouse has a physical or mental disability
• The spouse is the custodian of a child with a disability requiring substantial care
• The other spouse was convicted of or received deferred adjudication for family violence within two years of the filing

Maintenance is capped at $5,000 per month or 20% of the paying spouse’s average monthly gross income, whichever is less. The duration is also capped based on the length of the marriage, ranging from 5 years (for marriages of 10–20 years) to 10 years (for marriages of 30+ years).

The Texas Divorce Process

1. Filing the Petition — One spouse files an Original Petition for Divorce with the district court and pays the filing fee.
2. Serving the Respondent — The petition must be served by a process server, sheriff, or waiver of service if the other spouse agrees.
3. 60-Day Waiting Period — No divorce can be granted until at least 60 days after the petition is filed.
4. Discovery and Negotiation — Both parties exchange financial information. Many cases settle through negotiation or mediation.
5. Mediation — While not always mandatory, Texas judges frequently order mediation before allowing a case to proceed to trial.
6. Trial or Agreed Decree — If the parties reach agreement, they submit an Agreed Final Decree of Divorce. Otherwise, a judge or jury (Texas allows jury trials on property division) decides the outcome.
7. Final Decree — The judge signs the Final Decree of Divorce, making the dissolution official.

When to Consult an Attorney

Texas divorce law has unique features — including fault-based grounds, jury trial rights, and strict spousal maintenance caps — that can significantly affect outcomes. Consulting with a Texas family law attorney is particularly important when fault is alleged, when the marital estate includes businesses or complex assets, or when child custody is contested. An attorney can help you understand whether pursuing fault grounds may be advantageous and how to protect your financial interests under Texas community property law.

Frequently Asked Questions

How long does a divorce take in Texas?

The timeline depends on whether the divorce is contested or uncontested. An uncontested divorce in Texas can typically be finalized in a few months, while contested cases may take a year or longer depending on the complexity of the issues involved.

What are the residency requirements to file for divorce in Texas?

Texas requires that at least one spouse meet the state’s residency requirement before filing. Check Texas’s specific residency period, as it varies from state to state and may also require residency in the county where you file.

Is Texas a community property or equitable distribution state?

This determines how marital property is divided. Community property states split assets roughly 50/50, while equitable distribution states divide property based on what the court considers fair. The distinction significantly affects your financial outcome in a divorce.

Do I need a lawyer to get divorced in Texas?

You are not legally required to hire a lawyer, but having legal representation is strongly recommended — especially when children, significant assets, or complex financial issues are involved. A Texas family law attorney can protect your rights and help you avoid costly mistakes.

Can I get a divorce in Texas if my spouse does not agree?

Yes. Texas allows you to proceed with a divorce even if your spouse does not consent. If your spouse does not respond to the divorce petition, you may be able to obtain a default judgment. The process takes longer, but the court will not force you to remain married.