Filing for divorce in Texas requires understanding the state’s specific residency requirements, grounds, waiting periods, and property division rules. This comprehensive Texas divorce guide walks you through every step of the process — from meeting eligibility requirements to finalizing your decree. Whether you are considering an uncontested divorce, navigating property division, or understanding your rights, this guide covers the key Texas divorce laws you need to know.
All information verified against Texas statutes and official court resources as of April 2026.
In This Texas Divorce Guide:
Texas Divorce Filing Requirements
Before you can file for divorce in Texas, you must meet these requirements:
| Residency Requirement | At least one spouse must have been a domiciliary of Texas for the preceding 6 months and a resident of the county where the suit is filed for the preceding 90 days (Texas Family Code Section 6.301) |
| Filing Fee | 250-400 (varies by county; Harris/Dallas/Bexar counties approximately 350-401; smaller/rural counties approximately 250-300; additional surcharges for service of process, court security, law library, etc.) |
| No-Fault Grounds | Yes — Texas uses “insupportability” (Texas Family Code Section 6.001): the marriage has become insupportable because of discord or conflict of personalities that destroys the legitimate ends of the marital relationship and prevents any reasonable expectation of reconciliation. Also “living apart” for at least 3 years without cohabitation (Section 6.006) and confinement in a mental hospital for at least 3 years (Section 6.007) |
| Waiting Period | 60 days after filing before divorce can be granted (Texas Family Code Section 6.702). Waived if respondent has been convicted of or received deferred adjudication for family violence against the petitioner, or if petitioner has an active protective order based on family violence during the marriage |
| Separation Requirement | NONE — Texas does not require legal separation before filing for divorce. Texas does not recognize legal separation as a legal status. However, if using “living apart” as a ground (Section 6.006), spouses must have lived apart without cohabitation for at least 3 years |
| Property Division | Community property |
| Uncontested Available | YES |
| Online Filing | YES — Texas supports electronic filing through the official state system at eFileTexas.gov. A self-help portal for self-represented litigants is available at selfhelp.efiletexas.gov. E-filing is available statewide for civil district court filings |
Residency: At least one spouse must have been a resident of Texas for At least one spouse must have been a domiciliary of Texas for the preceding 6 months and a resident of the county where the suit is filed for the preceding 90 days (Texas Family Code Section 6.301) before filing. You file in the county where either spouse resides.
Texas Fault-Based Divorce Grounds
In addition to no-fault divorce, Texas allows divorce on these fault-based grounds:
- Cruelty (Section 6.002)
- Adultery (Section 6.003)
- Conviction of a felony with imprisonment for at least 1 year and no pardon (Section 6.004)
- Abandonment — voluntarily left with intention of abandonment and remained away for at least 1 year (Section 6.005)
Filing on fault grounds may affect property division, alimony, or custody decisions in some Texas courts. However, most divorces in Texas proceed on no-fault grounds because they are simpler and faster.
Step-by-Step Texas Divorce Process
- Meet residency requirements: Confirm you or your spouse has lived in Texas for the required period.
- Prepare your petition: Complete the Petition for Dissolution of Marriage (or equivalent Texas form). Include grounds, requests for property division, custody, and support.
- File with the court: Submit your petition to the circuit/family court in the appropriate county. Pay the filing fee (approximately 250-400 (varies by county; Harris/Dallas/Bexar counties approximately 350-401; smaller/rural counties approximately 250-300; additional surcharges for service of process, court security, law library, etc.)).
- Serve your spouse: Your spouse must be formally served with divorce papers via sheriff, process server, or certified mail (rules vary by Texas county).
- Response period: Your spouse has a set number of days (typically 20-30) to file a response.
- Negotiation/discovery: Spouses exchange financial information and negotiate terms on property, custody, and support.
- Waiting period: 60 days after filing before divorce can be granted (Texas Family Code Section 6.702). Waived if respondent has been convicted of or received deferred adjudication for family violence against the petitioner, or if petitioner has an active protective order based on family violence during the marriage must pass before the divorce can be finalized.
- Final hearing/decree: The judge reviews and approves the settlement agreement or makes rulings on contested issues. The divorce decree is entered.
Texas Property Division
Texas is a community property state. This means marital property is generally split 50/50 between spouses. Community property includes most assets and debts acquired during the marriage, regardless of whose name is on the title. Separate property (owned before marriage, gifts, inheritances) remains with the original owner.
Texas is one of 9 community property states. Courts divide marital property in a manner deemed “just and right” having due regard for the rights of each party and any children (Section 7.001). Division is NOT automatically 50/50. Factors considered include: fault in the breakup (adultery, cruelty), disparity in earning capacity, health and age of spouses, education and future employability, size of separate estates, attorney fees expected, and wasting of community assets (fraud on the community). Separate property (owned before marriage, gifts, inheritance, personal injury recovery) cannot be divided and must be proven by clear and convincing evidence
Key assets to consider: Real estate, retirement accounts (401k, pensions, IRAs), business interests, vehicles, investment accounts, debts, and personal property. Some assets may require professional appraisal or a Qualified Domestic Relations Order (QDRO) for retirement account division.
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How Long Does Divorce Take in Texas?
Uncontested divorce: 60-90 days (minimum 61 days due to mandatory waiting period; can finalize shortly after day 61 if paperwork is complete and court calendar permits). Uncontested with children typically 2-4 months
Contested divorce: 6-12 months for moderate disputes; 1-3+ years for high-conflict cases involving custody evaluations, business valuations, expert witnesses, or appeals
These timelines are approximate. Court backlogs, complexity of issues, and whether children are involved can significantly affect the actual duration.
Uncontested Divorce in Texas
An uncontested divorce in Texas is available when both spouses agree on all major issues: property division, child custody, child support, and alimony. Both spouses must agree on all issues (property division, debt allocation, child custody and support if applicable). Respondent signs a Waiver of Service. Both parties sign the Final Decree of Divorce. Must wait 60 days from filing. At least one spouse must appear in court for a brief prove-up hearing even in uncontested cases. Free court forms available from the Texas Supreme Court at txcourts.gov
Benefits of uncontested divorce include lower attorney fees, faster resolution, less emotional stress, and greater privacy since contested hearings are public.
Texas Divorce Costs
Divorce costs in Texas vary widely based on complexity:
| Type | Estimated Cost Range |
|---|---|
| Filing Fee | 250-400 (varies by county; Harris/Dallas/Bexar counties approximately 350-401; smaller/rural counties approximately 250-300; additional surcharges for service of process, court security, law library, etc.) |
| Uncontested (no attorney) | $300 – $1,500 |
| Uncontested (with attorney) | $1,500 – $5,000 |
| Contested (with attorney) | $5,000 – $30,000+ |
| Mediation | $2,000 – $8,000 |
Fee waivers may be available for low-income filers. Contact the court clerk in your county for fee waiver applications.
Additional Texas rules: Texas does not recognize legal separation as a legal status — you are either married or divorced with no intermediate status. Texas is one of only 6 states without a legal separation process. Proving fault grounds can influence property division (courts may award a larger share to the innocent spouse) and affect spousal maintenance determinations. The 60-day waiting period is waived in cases involving family violence convictions or active protective orders. Military members stationed in Texas for at least 6 months can establish residency. Fee waivers available under Texas Rule of Civil Procedure 145 for those receiving government benefits or earning below 125% of the federal poverty level
Official Sources & Resources
- Texas Courts: https://www.txcourts.gov
- Legal Aid: https://texaslawhelp.org
- Cornell LII — Family Law: law.cornell.edu
- NCSL Divorce Laws: ncsl.org
This Texas divorce guide was last verified against official sources in April 2026. If you notice outdated information, please contact us.