Texas Divorce Guide
Everything you need to know about filing for divorce in Texas — residency requirements, costs, forms, timelines, and how to file without a lawyer. Updated for 2026.
Texas Divorce at a Glance
| Residency Requirement | 6 months in state |
| Waiting Period | 60 days — Mandatory 60-day 'cooling-off' period from the date the Original Petition for Divorce is filed until the divorce can be finalized. Applies to all cases regardless of agreement between parties. The court may not sign the Final Decree until at least 60 days after filing. The 60-day period may be waived if the respondent has been finally convicted of or received deferred adjudication for a family violence offense against the petitioner or a household member, or the petitioner has an active protective order or magistrate's order for emergency protection based on family violence committed during the marriage (Tex. Fam. Code Section 6.702). |
| Filing Fee | $300(fee waiver available) |
| No-Fault Grounds | Insupportability, Living Apart |
| Fault Grounds | Cruelty, Adultery, Conviction of Felony, Abandonment, Confinement in Mental Hospital |
| Property Division | Community Property |
| E-Filing | Available — E-filing is mandatory for all attorneys filing civil and family cases in Texas district and county courts under Texas Rules of Civil Procedure Rule 21(f). For self-represented (pro se) litigants, e-filing is generally not mandatory but is available and encouraged. Some courts' local rules may require it. The eFileTexas self-help portal (https://selfhelp.efiletexas.gov/srl) provides guided interview-style tools for common filings including divorce. Filing fees are still required through the e-filing system. |
| Response Window | 20 days — After being served with citation, the respondent must file an Answer with the court by 10:00 a.m. on the first Monday after 20 days have passed since service. This is the 'appearance date.' If no answer is filed, the petitioner may seek a default judgment (but still cannot finalize until after the 60-day waiting period). |
Grounds for Divorce in Texas
Insupportability (Texas-specific term for no-fault; equivalent to 'irreconcilable differences' in other states)
No-Fault Grounds
- Insupportability — 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 (Tex. Fam. Code Section 6.001). This is the most commonly used ground and is Texas's equivalent of 'irreconcilable differences.'
- Living Apart — The spouses have lived apart without cohabitation for at least three years (Tex. Fam. Code Section 6.006).
Fault-Based Grounds
- Cruelty — The other spouse is guilty of cruel treatment of a nature that renders further living together insupportable (Tex. Fam. Code Section 6.002). Can be physical or mental cruelty.
- Adultery — The other spouse committed adultery (Tex. Fam. Code Section 6.003). Requires positive proof but not direct evidence; circumstantial evidence is sufficient.
- Conviction of Felony — The other spouse has been convicted of a felony, imprisoned for at least one year in TDCJ, a federal penitentiary, or another state's penitentiary, and has not been pardoned (Tex. Fam. Code Section 6.004). Cannot use this ground if the conviction was based on testimony of the filing spouse.
- Abandonment — The other spouse left with the intention of abandonment and remained away for at least one year (Tex. Fam. Code Section 6.005).
- Confinement in Mental Hospital — At the time the suit is filed, the other spouse has been confined in a state or private mental hospital for at least three years, and it appears the mental disorder is of such a degree and nature that adjustment is unlikely, or relapse is probable (Tex. Fam. Code Section 6.007).
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How to File for Divorce in Texas
Meet Residency Requirements
You must have lived in Texas for at least 6 months before filing. One spouse must have been a domiciliary of Texas for at least 6 months preceding the filing (Tex. Fam. Code Section 6.301). Additionally, the filing must be in a county where either spouse has resided for at least 90 days. Either spouse can meet the residency requirement. A nonresident spouse may file in Texas as long as the other spouse meets the 6-month state residency. Time spent outside Texas while serving in the U.S. armed forces (or as an accompanying military spouse) counts toward both the 6-month and 90-day residency periods.
Complete Your Forms
Texas requires 5 mandatory forms to initiate a divorce. See the full forms list.
File with the Court
File your petition and pay the $300 filing fee. E-filing is available in some counties.
Serve Your Spouse
Accepted service methods: waiver, sheriff, process server, posting, publication. The petitioner may NOT personally serve the papers. Service must be by an authorized third party. If the respondent signs a Waiver of Citation, no formal service is required. Posting is only available in limited circumstances (no children, no substantial property). Publication requires only one publication, unlike many states that require multiple.
Wait for Response & Finalize
Your spouse has 20 days to respond. After the 60-day waiting period, the court can issue your final decree.
Special Rules in Texas
Community Property State
Texas is one of nine community property states. Property acquired during the marriage is presumed community property and subject to division. Separate property (owned before marriage, gifts, inheritance) is confirmed to the owning spouse.
Applies when: Always applies
Standing Orders (County-Specific)
Some Texas counties (notably Dallas County) have automatic standing orders that take effect upon filing, restricting both parties from dissipating assets, changing insurance, hiding property, or harassing the other party. Other counties (like Harris County) do not have automatic standing orders and require a specific TRO filing.
Applies when: Varies by county
Informal (Common Law) Marriage
Texas recognizes informal/common law marriage under Tex. Fam. Code Section 2.401. To dissolve, a full divorce proceeding is required (same as formal marriage). If dissolution proceedings are not commenced within 2 years of separation, there is a rebuttable presumption no marriage existed. Both parties must be 18 or older.
Applies when: If informal marriage exists
Family Violence Waiver of Waiting Period
The 60-day waiting period can be waived if the respondent has a family violence conviction or deferred adjudication, or the petitioner has an active protective order based on family violence during the marriage (Tex. Fam. Code Section 6.702).
Applies when: If family violence
Temporary Restraining Orders
Under Tex. Fam. Code Section 6.501, after filing, the court may grant a TRO without notice to preserve property and protect parties. The statute lists 28 specific prohibitions that may be included. A TRO cannot exclude a spouse from their residence, prohibit reasonable living expenses, or prevent usual business activities.
Applies when: On motion
Adultery Affects Property Division
Fault-based grounds (especially adultery, cruelty, waste) can influence the court's 'just and right' division of community property, resulting in a disproportionate share to the innocent spouse.
Applies when: If fault alleged
Protective Order Disclosure
A party must disclose on the divorce petition whether they have an active protective order.
Mandatory Requirements
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