- Residency requirement
- 6 months in state, 90 days in county
- Waiting period
- 60 days after filing
- Grounds
- No-fault and fault-based
- Property division
- Community property
- Where to file
- District Court
Residency requirements in Texas
Before a Texas court can grant a divorce, residency must be established: 6 months in state, 90 days in county. If you recently moved, you may need to wait or file in the state where you or your spouse previously lived.
Grounds for divorce
Texas allows no-fault divorce and also recognizes fault-based grounds (such as adultery, cruelty, or abandonment). Fault can sometimes affect support or property outcomes, so it’s worth discussing with an attorney.
How long a divorce takes in Texas
The mandatory waiting period is 60 days after filing. Uncontested cases often finish soon after that period ends, while contested cases can take many months depending on the issues and the court’s calendar.
Dividing property and debt
Texas is a community property state. Property and debt acquired during the marriage are generally treated as owned equally by both spouses, while separate property — owned before marriage, or received by gift or inheritance — usually stays with its owner.
Custody and child support
Texas courts decide custody based on the best interests of the child and calculate child support using state guidelines based on both parents’ incomes. Parents are encouraged to agree on a parenting plan.
Filing in Texas
Divorce cases are filed in the District Court in the county where you or your spouse lives. Filing fees vary by county; fee waivers are available if you qualify. Most courts post forms and self-help resources online.
Related: How to file for divorce · Child custody explained
Laws change. This summary is general information for Texas and may not reflect the latest updates or local court rules. Confirm details with a licensed Texas attorney.
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