Texas has one of the most distinctive divorce systems in the country, shaped by its size, tradition, and status as a community property state. Whether you live in Houston, Dallas, Austin, or a rural county, understanding the process is essential to protecting your rights.
Residency Requirements in Texas
To file for divorce in Texas, one spouse must have lived in the state for at least six months and in the county of filing for at least 90 days. These requirements must be met before a petition can be filed in District Court.
Grounds for Divorce
Texas allows for both no-fault and fault-based divorce. The most common ground is insupportability (irreconcilable differences). Fault grounds include adultery, cruelty, abandonment, felony conviction, and confinement in a mental institution. Fault can impact the division of property.
Initiating the Divorce Process
The process begins with filing an Original Petition for Divorce in District Court. The other spouse is served and has about 20 days to respond. If uncontested, the court may finalize the case after the mandatory waiting period.
Mandatory Waiting Period
Texas imposes a 60-day waiting period after the petition is filed before a divorce can be finalized. This applies even in uncontested cases and is rarely waived except in cases of domestic violence or emergency.
Texas does not recognize legal separation — meaning even if you live apart, you are still legally married until the court signs a final decree.
Community Property Division
Texas is a community property state. All assets and debts acquired during the marriage are presumed to be jointly owned and are subject to a 50/50 division — unless a different split is deemed "just and right" based on the circumstances. Separate property must be proven with clear evidence.
Spousal Support (Alimony)
Alimony in Texas is limited and only granted under specific conditions, such as a long-term marriage or disability. The court considers earning ability, need, marital misconduct, and whether one spouse supported the other during school or career changes.
Child Custody and Conservatorship
Texas uses the term “conservatorship” instead of custody. Parents may be named joint managing conservators or one may be sole managing conservator. Courts prioritize the child’s best interests and require detailed parenting plans in all cases.
Child Support Guidelines
Child support is calculated based on the obligor's income and the number of children. Percentages are applied (e.g., 20% for one child, 25% for two). Medical support and insurance coverage are also required. Support may be modified upon major life changes.
- Residency: 6 months in Texas, 90 days in the county
- Fault and no-fault divorces permitted
- Mandatory 60-day waiting period applies
- Community property split is standard unless otherwise justified
- No legal separation — married until final decree is entered
Unlike many states, Texas requires proof of separate property — otherwise, it is presumed to be jointly owned and subject to division.
Texas divorce law is firm, but predictable. From property rights to parenting time, the key is preparation. By understanding what the court requires, you can move through the process efficiently and protect what matters most.
If you're unsure about your rights or next steps, consult a local attorney or legal aid service. You can also download Texas divorce papers or browse Texas divorce lawyers to get the help you need.