The Complete Guide to Divorce in Texas

Texas Divorce Basics

Residency Requirements

To file for divorce in Texas, at least one spouse must have been a domiciliary of Texas for the preceding six months and a resident of the county in which the suit is filed for the preceding 90 days (Tex. Fam. Code §6.301). If you recently moved to Texas, you may need to wait before filing.

The 60-Day Waiting Period

Texas imposes a mandatory 60-day waiting period from the date the divorce petition is filed before a divorce can be finalized (Tex. Fam. Code §6.702). Even if both parties agree on everything, the court cannot grant the divorce before 60 days have elapsed. The exception: cases involving family violence, where the court may waive the waiting period.

Where to File

The divorce petition is filed in the District Court of the county where either spouse has resided for the preceding 90 days. In Williamson County, cases are heard in the District Courts in Georgetown. In Travis County, cases are heard in the Family Law Courts in Austin.

Grounds for Divorce in Texas

Texas recognizes both no-fault and fault-based grounds for divorce.

No-Fault: Insupportability

The most common ground — the marriage has become insupportable due to discord or conflict of personalities that destroys the legitimate ends of the marital relationship with no reasonable expectation of reconciliation (Tex. Fam. Code §6.001). No proof of wrongdoing is required. This is what most people mean by “irreconcilable differences.”

Fault-Based Grounds

Texas allows divorce on fault grounds, which can directly affect property division. Fault grounds include:

Texas Property Division — The Community Property State

Texas is a community property state. All property acquired by either spouse during the marriage — regardless of whose name it is in or who earned it — is presumed to be community property (Tex. Fam. Code §3.002).

The “Just and Right” Division Standard

Texas does not require a 50/50 split. The court divides the community estate in a manner that is “just and right, having due regard for the rights of each party and any children of the marriage” (Tex. Fam. Code §7.001). Factors that can justify a disproportionate division include:

• Fault in the breakup of the marriage
• Disparity in earning capacity or future earning potential
• Dissipation or wasting of marital assets by one spouse
• One spouse’s greater need for the family home (particularly with children)
• Health considerations
• Length of the marriage

Common Property Division Issues

Community Property vs. Separate Property

Community Property Includes:

• Income earned by either spouse during the marriage
• Real estate purchased during the marriage
• Retirement and pension accounts accrued during the marriage
• Bank and investment accounts funded during the marriage
• Vehicles and personal property acquired during the marriage
• Businesses started or grown during the marriage

Separate Property Includes:

• Property owned before the marriage
• Property received as a gift or inheritance — even during the marriage
• Personal injury damages (except for lost earnings during marriage)
• Property excluded by a valid prenuptial or postnuptial agreement

Spousal Maintenance in Texas

Texas has relatively limited spousal maintenance compared to many states. It is only available when specific statutory requirements are met (Tex. Fam. Code §8.051): the spouse seeking maintenance must lack sufficient property for minimum reasonable needs, AND one of the following applies:

• The marriage lasted at least 10 years and the spouse lacks earning ability
• The other spouse was convicted of a family violence offense during the marriage
• The spouse seeking maintenance has an incapacitating physical or mental disability

Even when maintenance is available, Texas caps the amount at the lesser of $5,000 per month or 20% of the paying spouse’s average gross monthly income, with duration limits of 5 years (10–20 year marriages), 7 years (20–30 year marriages), or up to 10 years (30+ year marriages).

Children and Divorce in Texas

When a divorce involves children, the proceeding incorporates a Suit Affecting the Parent-Child Relationship (SAPCR) — the legal mechanism that establishes conservatorship, possession and access, and child support.

Texas courts presume that Joint Managing Conservatorship is in the best interest of the child. The Standard Possession Order provides the non-primary parent with first, third, and fifth weekends, Thursday evenings, alternating holidays, and 30 days in summer. Child support is calculated at 20–40% of the obligor’s net monthly resources depending on the number of children.

→ Read the complete guide to SAPCRs and custody in Texas

→ Read the complete guide to child support in Texas

The Texas Divorce Process — Step by Step

Step 1: Filing the Petition

The divorce begins when the Petitioner files an Original Petition for Divorce in the appropriate District Court, setting out the grounds for divorce, identifying community property, and stating the relief sought.

Step 2: Service of Process

The Respondent must be formally served with the petition — by personal service through a process server or by signing a Waiver of Service, which is common in uncontested divorces.

Step 3: Temporary Orders

In contested divorces, either party can request a Temporary Orders Hearing to establish ground rules while the case is pending — who lives in the family home, who pays which bills, and the temporary parenting schedule.

Step 4: Discovery

Both parties exchange financial records, tax returns, bank statements, business records, and other evidence. In high-conflict divorces involving hidden assets or business interests, discovery can be extensive and contentious.

Step 5: Mediation

Texas courts require mediation before a contested divorce goes to trial. A mediated settlement agreement in Texas is binding and irrevocable once signed — this is one of the most important facts to understand before entering mediation.

Step 6: Trial

If mediation fails, the case proceeds to a bench trial before a judge. There are no jury trials for property division or conservatorship in Texas. The judge hears evidence and argument and enters a final decree.

Step 7: The Final Decree of Divorce

The divorce is finalized when the judge signs the Final Decree of Divorce — a comprehensive legal document addressing every contested issue. The decree is binding and enforceable from the date it is signed.

How Long Does a Texas Divorce Take?

Divorcing a High-Conflict Personality in Texas

If you are divorcing a narcissist or any high-conflict personality, you need to understand that the standard divorce process — built on assumptions of good faith and reasonable compromise — will be weaponized against you.

As Carl writes in Family Court Solutions: “High-conflict personalities do not view divorce as a legal process for equitable resolution. They view it as an opportunity to continue the abuse on a legal stage.”