Divorce in Texas: A Complete Guide

Texas has its own divorce code. The Texas Family Code, Chapter 6 governs divorce, Chapter 8 governs spousal maintenance, and Chapter 153 governs conservatorship — what other states call custody. The rules are stricter than many people realize: there is a 60-day waiting period, a hard six-month state residency requirement, and a community-property regime that treats almost everything earned during the marriage as jointly owned. This guide walks through what every Texan should understand before filing: residency, grounds, timeline, property division, children, spousal maintenance, costs, and when a DIY approach is feasible versus when you need a Texas-licensed attorney. This is general information, not legal advice.

Is Texas divorce no-fault or fault-based?

Texas allows both. Under Tex. Fam. Code § 6.001 ("insupportability"), a court can grant a divorce simply because the marriage has become insupportable due to discord or conflict of personalities — no proof of wrongdoing required. This is the no-fault ground, and most Texas divorces use it because it avoids costly evidentiary fights.

The Texas Family Code also enumerates six fault-based grounds:

• Cruelty (Tex. Fam. Code § 6.002)
• Adultery (Tex. Fam. Code § 6.003)
• Felony conviction (Tex. Fam. Code § 6.004) — spouse imprisoned at least a year and not pardoned
• Abandonment (Tex. Fam. Code § 6.005) — left voluntarily, gone at least a year
• Living apart (Tex. Fam. Code § 6.006) — without cohabitation for at least three years
• Confinement in a mental hospital (Tex. Fam. Code § 6.007)

Why file on fault grounds if no-fault is easier? Two reasons. First, fault findings can influence the property division because Texas courts divide community property "just and right" rather than strictly 50/50, and adultery, cruelty, or wasteful spending can tip the balance (Tex. Fam. Code § 7.001). Second, fault can be relevant to spousal-maintenance eligibility and to conservatorship and possession arrangements involving children.

Filing on fault is more expensive: you have to prove the conduct with evidence, which means more discovery, more depositions, and more attorney time. Many attorneys file on both no-fault and fault grounds at the outset to preserve flexibility, then drop the fault claim if a settlement becomes feasible.

Texas divorce residency requirements

Texas has a two-part residency requirement (Tex. Fam. Code § 6.301): at least one spouse must have been a domiciliary of Texas for the preceding six months and a resident of the county where suit is filed for the preceding ninety days. Both prongs must be satisfied before the court has jurisdiction.

The six-month state requirement is hard. You cannot file for divorce in Texas during your first six months as a resident, even if your spouse has lived here for years. If you are new to Texas and your spouse is still in your former state, you may have to file there, or wait.

The ninety-day county requirement determines venue. If you moved within Texas, the new county's clock has to run before you can file there. You can file in another county where your spouse has been a ninety-day resident.

Military spouses get a modest accommodation: time spent at any Texas military installation counts toward Texas residency for service members stationed there, and time stationed outside the state can count if Texas was the last home of record (Tex. Fam. Code § 6.303). If neither spouse meets the six-month rule, filing is premature; the court will dismiss for lack of jurisdiction.

The 60-day waiting period

After the petition is filed, Tex. Fam. Code § 6.702 requires the court to wait at least 60 days before granting the divorce. This applies to every divorce — uncontested, agreed, default — with two narrow exceptions: cases involving family violence with a current protective order or pending criminal charge against the respondent (Tex. Fam. Code § 6.702(c)).

The 60 days run from the date the petition was filed, not from when the respondent was served. Many divorces take much longer than 60 days because of discovery, mediation, contested issues, and court calendar. But 60 days is the floor — even a fully agreed, no-children, no-assets divorce cannot be finalized faster. For more on the typical end-to-end timeline by complexity, see our spoke guide: How long does a divorce take in Texas?.

Community property basics

Texas is one of nine community-property states. Tex. Fam. Code § 3.002 presumes that property either spouse possesses on dissolution of marriage is community property. The presumption can be rebutted only by clear and convincing evidence of separate-property character (Tex. Fam. Code § 3.003).

Separate property includes property owned or claimed before marriage, property acquired during marriage by gift, devise, or descent, and personal-injury recoveries during marriage other than recoveries for loss of earning capacity during the marriage (Tex. Fam. Code § 3.001). Everything else acquired during marriage — wages, retirement contributions, business growth, real-estate appreciation, debts incurred jointly — is community property and subject to division.

Texas courts divide community property in a manner the judge deems "just and right" (Tex. Fam. Code § 7.001). "Just and right" does not require an equal split. Judges weigh factors like earning capacity, education, fault in the breakup of the marriage, health of the parties, the custodial parent's need for property to maintain the household, disparity in age or condition, and waste or fraud on the community (for example, gambling losses or gifts to a paramour).

If a spouse can prove the other dissipated community property through fault or fraud, the court can reconstitute the community estate and award the wronged spouse a disproportionate share to make them whole. For deeper coverage of separate versus community classification, tracing, and the "inception of title" rule, see Texas community property in divorce.

Children: custody and support overview

Texas uses "conservatorship" instead of "custody" and "possession" instead of "visitation." Tex. Fam. Code Chapter 153 governs both, and the controlling standard is the best interest of the child (Tex. Fam. Code § 153.002).

The default rule is Joint Managing Conservatorship (JMC) — both parents share parenting rights. A court will not appoint JMC if there is a history of family violence or other evidence that JMC would not serve the child's best interest (Tex. Fam. Code § 153.131). One parent is typically named the conservator with the exclusive right to designate the child's primary residence; that parent receives child support.

Possession follows the Standard Possession Order (Tex. Fam. Code § 153.252), or the Expanded Standard Possession Order if either parent requests it (Tex. Fam. Code § 153.317). For children under three, the court fashions a tailored schedule (Tex. Fam. Code § 153.254). Parents may agree to any schedule that meets the child's best interest.

Child support is calculated as a percentage of the obligor's monthly net resources, capped at the first $9,200 of net resources (Tex. Fam. Code §§ 154.125, 154.061, periodically adjusted): 20% for one child, 25% for two, 30% for three, 35% for four, 40% for five or more. Health insurance and uninsured medical costs are addressed separately. Custody and support issues are typically handled within the divorce proceeding through a Suit Affecting the Parent-Child Relationship (SAPCR), which is built into the divorce. For more, see Divorce with children in Texas: custody & support basics.

Spousal maintenance in Texas

Texas calls it "spousal maintenance," not alimony, and it is harder to obtain than in most other states. Under Tex. Fam. Code § 8.051, a spouse seeking maintenance must prove one of the following:

• The spouse from whom maintenance is requested was convicted of family violence within the two years before suit was filed (or while suit was pending);
• The requesting spouse will be unable to earn enough to provide for minimum reasonable needs because of an incapacitating physical or mental disability;
• The requesting spouse is the custodian of a child whose physical or mental disability requires care preventing the spouse from earning; or
• The marriage lasted at least 10 years AND the requesting spouse lacks the ability to earn enough to provide for minimum reasonable needs.

Even when a spouse is eligible, awards are capped at the lesser of $5,000 per month or 20% of the obligor's average monthly gross income (Tex. Fam. Code § 8.055). Duration is also limited by the length of the marriage — five, seven, or ten years depending on marriage length under Tex. Fam. Code § 8.054 — with an exception for ongoing incapacity. Contractual alimony agreed in a settlement or decree has no statutory cap and is enforced as a contract. For the difference between court-ordered maintenance and contractual alimony, see Spousal maintenance vs alimony in Texas.

Uncontested vs contested divorce in Texas

An uncontested divorce is one where both spouses agree on every material issue — division of community property and debts, conservatorship, child support, possession, and any spousal maintenance. Both spouses sign the same final decree, and the court signs off after the 60-day waiting period.

Uncontested divorces are typically the fastest and least expensive path. A contested divorce is one where the spouses disagree on any material issue. Contested cases follow the litigation track: discovery (interrogatories, requests for production, depositions), temporary-orders hearings, mediation (often court-ordered), and trial if mediation fails. Contested divorces routinely take many months to well over a year.

Many Texas divorces begin contested and become uncontested after mediation. Most Texas counties require mediation before trial. For a step-by-step look at the simplest path through the system, see Uncontested divorce in Texas.

Filing process overview

A Texas divorce begins when one spouse (the Petitioner) files an Original Petition for Divorce in the district court of the county where venue is proper. Filing fees are set by each county and typically fall in the low- to mid-hundreds of dollars.

After filing, the Petitioner must legally notify the other spouse (the Respondent). The Respondent may sign a Waiver of Service, which avoids the need for formal process. If not, a constable, sheriff, or private process server delivers the citation. The Respondent has until the Monday following twenty days from service to file an Answer (Tex. R. Civ. P. 99). Failure to answer can result in a default judgment.

After the Respondent files an Answer (or default is taken), the case enters discovery and negotiation. Common steps include filing for temporary orders (income, possession, exclusive use of the residence), exchanging inventories and appraisements of community and separate property, conducting discovery (interrogatories, depositions, document requests), and attending mediation.

If the case resolves by agreement, the parties draft and sign a Final Decree of Divorce, present it to the court after the 60-day waiting period, and the judge signs the decree. If trial is required, the trial date is set after discovery and mediation conclude. For a self-help walkthrough including form locations and county-by-county procedures, see How to file for divorce pro se in Texas.

Costs: filing fees and attorney fees

Texas divorce costs vary widely. Filing fees are set by each county and typically fall in the low- to mid-hundreds of dollars. Service of process adds modest fees if a constable or sheriff handles it, or somewhat more for a private process server.

Attorney fees vary by market, complexity, and the level of conflict. Uncontested matters with no children and limited assets often resolve for a small flat fee. Contested matters with children and meaningful assets routinely cost substantially more. Hourly rates for Texas family-law attorneys span a wide range; retainers vary correspondingly. Tex. Disciplinary R. Prof. Conduct 1.04 requires Texas attorneys to disclose fee arrangements in writing for matters expected to exceed a minimal scope — always ask for a written fee agreement at the outset.

Some counties have self-represented-litigant resources and waiver-of-fees procedures for indigent filers (Tex. R. Civ. P. 145). The Texas Access to Justice Commission, Texas Legal Services Center, and TexasLawHelp.org provide free statewide self-help resources. For a county-by-county snapshot of filing fees, see Texas divorce filing fees.

When you need a lawyer vs DIY

A pro se (self-represented) divorce can work when the matter is genuinely simple: no children or a fully agreed parenting plan, modest assets, no real estate or retirement accounts to divide, no spousal-maintenance dispute, and both spouses cooperative. TexasLawHelp.org publishes form packets, and the Texas Supreme Court has standardized many of them.

Consult a Texas-licensed attorney if any of these factors are present:

• A history of family violence, or a pending protective order
• Any disagreement about conservatorship or possession of children
• Retirement accounts, pensions, or business interests requiring valuation
• Real estate ownership — especially if titled in only one spouse's name or subject to a mortgage
• One spouse refuses to engage, cannot be located, or is in another jurisdiction
• Spousal-maintenance eligibility is in dispute
• Either spouse is military and stationed out of state
• Fault grounds (adultery, cruelty) factor into the property division

Even if full-scope representation is not affordable, many Texas attorneys offer limited-scope ("unbundled") services — drafting one document, preparing for a single hearing, or reviewing a settlement before signing. Limited scope is permitted by Tex. Disciplinary R. Prof. Conduct 1.02(b). The Texas Board of Legal Specialization (TBLS) certifies attorneys in Family Law after exam, experience, and peer review — a useful credential when expertise matters.

Frequently asked questions

How much does a divorce in Texas cost?

Costs vary widely. An uncontested divorce with no children and limited assets can sometimes be completed for relatively modest filing fees and legal costs. Contested divorces involving children or meaningful assets routinely cost much more. The number depends on county, complexity, and how aggressively the case is litigated. Always ask for a written fee agreement at the outset (Tex. Disciplinary R. Prof. Conduct 1.04). For a county-by-county filing-fee snapshot, see our Texas divorce filing fees spoke.

What if my spouse refuses to sign the divorce papers?

A Texas spouse cannot block a divorce by refusing to participate. After the petition is filed and the Respondent is served, the case can proceed by default if no answer is filed (Tex. R. Civ. P. 239). If the Respondent appears but refuses to agree, the case proceeds contested through discovery, mediation, and ultimately trial. Either way, the divorce can be granted.

Can I file for divorce in Texas if I just moved here?

Not immediately. Tex. Fam. Code § 6.301 requires at least one spouse to have been a Texas domiciliary for six months and a resident of the filing county for ninety days. If you fall short on either requirement, you must wait — or consider filing in your prior state of residence if jurisdiction is proper there.

What if there is domestic violence in the marriage?

Safety first. Texas allows protective orders (Tex. Fam. Code Chapter 85) that can require the abuser to leave the residence and have no contact. Family violence is also a basis for an exception to the 60-day waiting period (Tex. Fam. Code § 6.702(c)) and may affect spousal-maintenance eligibility (Tex. Fam. Code § 8.051(1)) and conservatorship decisions (Tex. Fam. Code § 153.004). If you are in immediate danger, contact local law enforcement or the National Domestic Violence Hotline.

Is annulment different from divorce in Texas?

Yes. Annulment treats the marriage as void or voidable from the start, not as a marriage that ended. Texas allows annulment only on specific grounds (Tex. Fam. Code Chapter 6, Subchapter B), including underage marriage without parental consent, intoxication at marriage, impotency, fraud, duress, mental incapacity, or concealment of a prior divorce. Most marriages that end badly do not qualify for annulment; the typical path is divorce.

Find a Texas divorce attorney

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→ Browse Texas family-law attorneys or TBLS-certified Family Law specialists. Consult a Texas-licensed attorney for advice about your specific situation.