To file a no-fault divorce in Texas, you submit an Original Petition for Divorce to the district clerk in your county, state that the marriage has become “insupportable” under Section 6.001 of the Texas Family Code, give your spouse legal notice, wait at least 60 days, and then appear before a judge to finalize the decree. You do not have to accuse your spouse of anything, and your spouse does not have to agree to the divorce for it to go through.
What Insupportability Means
Section 6.001 of the Texas Family Code lets a court grant a divorce “without regard to fault” when the marriage has become insupportable because of discord or personality conflicts that have destroyed the relationship and left no reasonable chance of reconciliation.1State of Texas. Texas Family Code Section 6.001 – Insupportability That is the entire legal ground. You tell the court the marriage is not working, and you do not have to describe specific incidents or prove misconduct.
Your spouse cannot block the divorce by refusing to participate or by disagreeing with your decision. Texas courts will grant a no-fault divorce when only one person wants it.2Texas Law Help. Filing a Divorce Without Children Your spouse can contest the terms — property, custody, support — but not the fact of the divorce itself.
Fault grounds like adultery, cruelty, abandonment, and felony conviction still exist in Texas, and some people plead them because proving fault can shift the property division. Most people filing today use insupportability because it is faster, cheaper, and avoids a public fight over who did what.
Residency: Can You File in Texas at All
Before a Texas court will hear your case, you or your spouse must have lived in Texas for at least six continuous months, and that same person must have lived in the filing county for at least the preceding 90 days.3State of Texas. Texas Family Code Section 6.301 – General Residency Rule for Divorce Suit Where you got married does not matter.
If neither of you meets both thresholds, the court will dismiss the case. You will have to wait until one of you qualifies or file in a state where the requirements are already satisfied.
Filling Out the Original Petition
The case starts when you (the “petitioner”) file an Original Petition for Divorce with the District Clerk in the county where you meet the 90-day residency rule. The petition asks for both spouses’ full legal names, the approximate date you married, and the approximate date you stopped living together as a couple. If you have children under 18, you also list each child’s name, date of birth, place of birth, and current state of residence.4TexasLawHelp.org. Original Petition for Divorce
One point of confusion: the standardized petition does not require a full inventory of your marital assets and debts. That accounting comes later, when you are negotiating the terms of the decree. Even so, start gathering bank statements, retirement account balances, mortgage documents, and vehicle titles when you file. You will need all of it before you can finalize.
If you want your former name restored, request it in the petition itself. The judge can include the name change in the final decree without a separate proceeding, as long as you are reverting to a name you used before the marriage.5Texas State Law Library. After the Divorce
Filing Fees
Filing fees usually run between $300 and $400 depending on the county and whether children are involved. In Dallas and Tarrant counties, expect around $350 without children and roughly $400 with children. If you cannot afford the fee, file a Statement of Inability to Afford Payment of Court Costs. The form asks about your income, public benefits, and household expenses, and a judge decides whether to waive the fees.6Texas Law Help. I Cannot Afford My Court Fees
Giving Your Spouse Legal Notice
Texas requires that your spouse be formally notified of the divorce. The method depends on whether your spouse will cooperate.
Waiver of Service
If your spouse knows about the divorce and does not object, they can sign a notarized Waiver of Service acknowledging they received the petition and giving up the right to be formally served. Once filed, it counts the same as formal service. This is the standard path in amicable cases and avoids process server fees.
Personal Service
If your spouse will not sign a waiver, you arrange formal delivery through a sheriff, constable, or court-authorized private process server. The server attempts in-person delivery or certified mail first. If those fail, you can ask the court to approve substituted service, which in Texas can include email or social media.7Texas State Law Library. Serving Divorce Papers Private server fees generally run $50 to $150.
Service by Publication
If you genuinely cannot find your spouse after a diligent search, Texas allows service by publication in a newspaper and on a public government website. You must document your search efforts, and the court appoints an attorney ad litem to look for your spouse independently. Because there is a real risk your spouse never sees the notice, they have up to two years after the divorce to request a new trial.8Texas Law Help. Service by Publication Use this route only when the others are impossible.
The 60-Day Waiting Period
A judge cannot grant your divorce until at least 60 days have passed from the day you filed the petition.9State of Texas. Texas Family Code Section 6.702 – Waiting Period In a clean uncontested case, day 61 is the earliest you can finalize. Mutual agreement between the spouses does not shorten the clock.
The only exception involves family violence. The 60-day requirement is waived if the respondent has been convicted of or received deferred adjudication for a family violence offense against the petitioner, or if the petitioner holds an active protective order against the respondent based on violence during the marriage.9State of Texas. Texas Family Code Section 6.702 – Waiting Period
Contested cases almost always take much longer than 60 days. Discovery, negotiation, mediation, and trial preparation routinely push the timeline to six months or more.
Keeping Things Stable While the Case Is Pending
Many Texas counties have standing orders that take effect automatically when a divorce is filed. They typically prohibit hiding assets, canceling insurance, and harassing the other spouse. They do not usually exclude a spouse from the family home or deny access to children.10Texas Law Help. Standing Orders Violating a standing order can lead to contempt.
When standing orders are not enough, either spouse can ask for a temporary orders hearing. A judge can then decide who stays in the house, who pays which bills, temporary custody and child support, temporary spousal support, and health insurance coverage for the children.11TexasLawHelp.org. Temporary Orders and Temporary Restraining Orders If assets are being drained or you need an immediate custody arrangement, request temporary orders early.
Terms You Have to Settle Before Finalizing
Choosing no-fault does not remove the need to resolve property, children, and support. The judge will not sign a decree that leaves these open.
Property and Debt
Texas is a community property state. Anything either spouse acquired during the marriage that is not separate property is community property, and only community property is divided.12State of Texas. Texas Family Code Section 3.002 – Community Property Separate property — things owned before marriage, gifts to one spouse, inheritances, and most personal injury recoveries — stays with its owner.13State of Texas. Texas Family Code Section 3.001 – Separate Property Everything is presumed community; if you claim an asset is separate, you have to trace it with documentation.
Texas does not guarantee a 50/50 split. The court divides the community estate in whatever manner it considers “just and right,” considering each spouse’s rights and the children.14State of Texas. Texas Family Code Section 7.001 – General Rule of Property Division Judges usually start near equal and adjust for earning capacity, health, age, who has primary custody, and fault. Debts are assigned in the same division based on who incurred them and for what purpose.
Children
If you have minor children, the decree must address conservatorship (custody), possession (visitation), and child support. Every decision is governed by the best interest of the child.15State of Texas. Texas Family Code Section 153.002 – Best Interest of Child Most decrees name both parents as joint managing conservators, with one parent designated to determine the child’s primary residence. The other parent usually gets a Standard Possession Order laying out weekends, holidays, and summer time. Child support is set using statutory guidelines based on the paying parent’s net resources and the number of children.
Spousal Maintenance
Court-ordered maintenance in Texas is restrictive. A spouse qualifies only if they will lack property to meet their minimum reasonable needs after the divorce and they meet one additional condition: family violence by the other spouse, a disabling condition, a marriage of at least 10 years combined with inability to earn enough to be self-supporting, or primary care of a child with a substantial disability.16State of Texas. Texas Family Code FAM 8.051 – Eligibility for Maintenance Amounts and durations are capped by statute. Contractual alimony that the spouses negotiate as part of a settlement is a separate matter with more flexibility.
Finalizing the Divorce
Once 60 days have passed and either you have reached a written agreement or a judge has decided the contested issues, you set a prove-up hearing. In an uncontested case, you appear before the judge and give brief testimony confirming the facts in the petition — that residency is met, that the marriage is insupportable, and that the proposed decree is fair.17Texas State Law Library. Finalizing the Divorce The hearing usually takes under 15 minutes. If the judge is satisfied, they sign the Final Decree of Divorce.
The decree is a court order, and the follow-through is on you. If the decree transfers a house, you still need to execute and record a deed. Retirement accounts divided in the decree usually require a separate Qualified Domestic Relations Order before the plan administrator will release funds. Update your driver’s license, Social Security records, insurance policies, and beneficiary designations on your own schedule. The court does not do any of it automatically, and this is where people most often get stuck after an otherwise clean divorce.