Texas Divorce Laws (2026): Grounds, Residency, and Process

To get divorced in Texas, one spouse must have been a Texas domiciliary for at least six months and a resident of the filing county for 90 days. Texas uses the no-fault ground of "insupportability," meaning the marriage has become insupportable because of discord or conflict. No period of separation is required before filing.

Grounds for divorce in Texas

Texas offers both no-fault and fault-based grounds for divorce. The no-fault ground is called "insupportability," defined under Tex. Fam. Code 6.001 as the marriage having become insupportable because of discord or conflict of personalities that destroys the legitimate ends of the marriage and prevents any reasonable expectation of reconciliation. No fault or wrongdoing by either party needs to be shown.

Texas also retains fault grounds, which can matter when dividing property or awarding alimony. Fault grounds include cruelty (whether physical or mental), adultery, felony conviction, abandonment for at least one year, living apart without cohabitation for at least three years, and long-term mental-hospital confinement.

Two of those grounds are narrower than they sound. The felony ground under Tex. Fam. Code 6.004 requires that the other spouse was convicted of a felony, was actually imprisoned for at least one year in the Texas Department of Criminal Justice, a federal penitentiary, or the penitentiary of another state, and has not been pardoned. The length of the sentence is not what counts; time actually served is, so a spouse sentenced to several years but released on parole after a few months does not satisfy the ground. The statute also bars the court from granting a divorce on this ground against a spouse who was convicted on the testimony of the other spouse.

The mental-hospital ground under Tex. Fam. Code 6.007 is broader than it is often described. It covers confinement in a state mental hospital or a private mental hospital, in Texas or in another state, for at least three years, where the confined spouse's mental disorder is of such a degree and nature that adjustment is unlikely or that, if adjustment occurs, a relapse is probable.

Filing on a fault ground requires proving the ground in court, which adds time and cost; most divorces proceed on insupportability.

Residency requirement

Before filing for divorce in Texas, at least one spouse must have been domiciled in the state of Texas for the six months immediately preceding the filing. In addition, one spouse must have been a resident of the county where the petition is filed for the 90 days immediately before filing. Both requirements must be met before the district court has jurisdiction to grant the divorce.

Divorce cases in Texas are filed in the District Court (or, in some counties, a County Court at Law that has been assigned family-law jurisdiction). Texas does not require the petitioner and respondent to both be Texas residents, but the residency of at least one party must satisfy both the statewide and county requirements. If one spouse has been a Texas domiciliary for at least the last six months, Tex. Fam. Code 6.302 lets the other spouse file the divorce even though that spouse is domiciled in another state or nation; the suit is filed in the county where the Texas domiciliary spouse resides.

Waiting period and separation

Texas imposes a 60-day waiting period from the date the petition is filed before a judge may grant the divorce decree (Tex. Fam. Code 6.702). This is a cooling-off period, not a separation requirement. The spouses are not required to live apart during those 60 days or at any time before filing. The 60-day wait can be waived when there is a family-violence protective order or a finding of family violence.

There is no general separation requirement in Texas. The three-year living-apart period is a fault ground that one spouse can assert, not a prerequisite for the insupportability no-fault divorce. In practice, most couples file on insupportability and simply wait out the 60-day window before the judge signs the final decree.

How property is divided

Texas is one of nine community property states. Under Texas law, property and debts acquired by either spouse during the marriage are presumed to be community property and belong equally to both spouses. When dividing community property, a Texas court must divide it "in a manner that the court deems just and right," which in most cases comes close to an equal split but allows for adjustments based on factors like fault, disparity of earning capacity, the needs of the children, and each spouse's separate property.

Separate property (assets owned before the marriage, or received as gifts or inheritance during the marriage) remains the owner's property and is not subject to division. The spouse claiming separate property bears the burden of proving it with clear and convincing evidence. Commingling separate and community funds can make property characterization complex.

Alimony, custody, and child support

Texas courts can award spousal maintenance (alimony) in limited circumstances, such as when one spouse cannot meet minimum reasonable needs or the marriage lasted at least 10 years and one spouse lacks sufficient earning capacity. Courts carefully apply the statutory caps; Texas alimony is among the most restrictive in the country. For details on the rules and eligibility, see the Texas alimony laws page.

Child custody (called "conservatorship" in Texas) is decided based on the best interests of the child. Texas courts often start from a presumption that joint managing conservatorship is in the child's best interest. Child support follows the Texas percentage-of-net-income guidelines. Estimate your payment with our Texas child support calculator. See the Texas child custody laws page and the Texas child support page for full detail. All three issues (property, alimony, and custody or support) can be resolved in the same divorce proceeding.

How to file for divorce in Texas

The process follows these practical steps. First, confirm that you or your spouse meet the six-month Texas domicile and 90-day county residency requirements. Second, prepare and file the Original Petition for Divorce in the District Court of the appropriate county, along with the required filing fee (which varies by county, typically $200 to $350). Third, serve the petition and citation on your spouse in the manner required by the Texas Rules of Civil Procedure, or have your spouse sign a waiver of service.

Fourth, exchange sworn inventories and financial disclosures if required or agreed upon. Fifth, negotiate a settlement agreement on property, any alimony, and custody or support issues (if children are involved, a parenting plan is also required). Uncontested divorces often resolve at or shortly after the 60-day waiting period ends. Sixth, if the case is contested, the court will set hearings, mediation may be ordered, and a trial date may be set. Seventh, once all issues are resolved, a Final Decree of Divorce is signed by the judge and the divorce is final. One clock does keep running after that: under Tex. Fam. Code 6.801, neither former spouse may marry a third party before the 31st day after the date the divorce is decreed. A court may waive that bar for good cause under Tex. Fam. Code 6.802, and the former spouses may remarry each other at any time.

This article is general legal information, not legal advice. Divorce law varies by state and depends on the specific facts of your marriage. For advice about your situation, consult a licensed family-law attorney in Texas.

For related topics, see the Texas alimony laws page, the Texas child custody laws page, the Texas child support page, and the Divorce Laws hub.

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