How to Get a Divorce in Texas: Grounds, Waiting Period, Decree

To get a divorce in Texas, one spouse must have lived in the state for at least six months and in the filing county for at least 90 days, then file an Original Petition for Divorce with the county District Clerk, serve the other spouse, wait a mandatory 60 days, and attend a short prove-up hearing where the judge signs the Final Decree of Divorce. Uncontested cases can wrap up just after the 61-day mark. Contested cases involving custody or significant property regularly take six months to a year or more.

Who Can File in Texas

Before a Texas court will hear the case, at least one spouse must have been a Texas resident for the preceding six months, and the filing spouse (or the other spouse) must have lived in the specific county where the petition is filed for the preceding 90 days.1State of Texas. Texas Family Code 6.301 – General Residency Rule for Divorce Suit If you recently moved and don’t yet meet the county threshold, one option is to file in the county where your spouse qualifies.

Choosing a Ground for Divorce

Texas offers one no-fault ground and six fault-based grounds. The ground you pick shapes what you have to prove and can influence how a judge divides property.

Most Texas divorces are filed on insupportability, the no-fault ground. It means the marriage has broken down because of conflict and there is no reasonable chance of reconciliation.2State of Texas. Texas Family Code 6.001 – Insupportability Nobody has to prove wrongdoing, and the other spouse can’t block the divorce by refusing to agree the marriage is over.

The fault grounds require evidence, but a successful fault finding can push the property split in your favor or support a maintenance award:

If you believe fault applies and could affect your property outcome, talk to a lawyer before filing. Otherwise, insupportability is the simpler path.

Preparing and Filing the Petition

You need two core documents: the Original Petition for Divorce and a Civil Case Information Sheet.9Texas Courts. Divorce Set 1 Uncontested, No Minor Children, No Real Property Instructions and Forms Both are available from your county’s District Clerk or TexasLawHelp.org.

The petition must list every child born or adopted during the marriage with full legal name, date of birth, and current address. Leaving a child off forces an amendment later and delays the case. The petition also asks whether you’ve already reached an agreement on property, which signals whether the case is uncontested or contested.

Before you file, pull together bank statements, deeds, vehicle titles, retirement account statements, and anything that shows when and how major assets were acquired. Texas presumes anything either spouse holds during the marriage is community property, and overcoming that presumption takes clear and convincing evidence.10State of Texas. Texas Family Code 3.003 – Presumption of Community Property Separate property is what you owned before the marriage plus anything received as a gift or inheritance during it.

Retirement accounts need special care. Dividing an employer plan like a 401(k) or pension requires a Qualified Domestic Relations Order (QDRO), a separate court order telling the plan administrator how to split the account.11Internal Revenue Service. Retirement Topics – QDRO: Qualified Domestic Relations Order Without a QDRO, you can’t access your share without triggering tax penalties. IRAs can be transferred under the decree without a QDRO.

You file with the District Clerk in your county. Attorneys must use the eFileTexas.gov system, and self-represented filers are encouraged to use it too.12eFileTexas.Gov. Official E-Filing System for Texas Filing fees generally run $250 to $400 depending on the county. If you can’t afford the fee, file a Statement of Inability to Afford Payment of Court Costs and ask the court to waive it.

Serving Your Spouse

Once the petition is filed, the District Clerk issues a Citation, which is the formal notice that a divorce case has been opened.13Texas Court Help. What Is Service of Citation? Texas requires the citation to be delivered under the same rules as other civil cases.14State of Texas. Texas Family Code 6.408 – Service of Citation You cannot hand it to your spouse yourself. A constable, sheriff’s deputy, or private process server has to deliver the citation and a copy of the petition.

If your spouse is cooperative, they can sign a Waiver of Citation in front of a notary, which skips formal delivery.13Texas Court Help. What Is Service of Citation? The waiver can’t be signed until after the petition is filed. Either way, proof of service or a signed waiver must be on file before a judge will act on your case.

A served spouse must file a written answer by 10:00 a.m. on the first Monday after 20 days have passed since service.15Texas State Law Library. Answering Divorce Papers Those 20 days are calendar days. If no answer is filed by the deadline, you can ask the court for a default judgment and finalize the case without your spouse’s participation, though the judge still reviews the proposed terms.

The 60-Day Waiting Period

Texas imposes a mandatory 60-day cooling-off period that starts the day the petition is filed. A judge cannot sign a final decree before it ends.16State of Texas. Texas Family Code 6.702 – Waiting Period Mutual agreement doesn’t shorten it.

Two narrow exceptions exist. A court can waive the waiting period if the respondent was convicted of or received deferred adjudication for a family violence offense against the petitioner or a member of the petitioner’s household, or if the petitioner has an active protective order or magistrate’s emergency protection order based on family violence committed during the marriage. The waiver isn’t automatic; the judge decides.

Keeping Things Stable While You Wait

If you need immediate decisions about who pays the mortgage, who stays in the house, or who has the children on school nights, ask the court for temporary orders. These interim rulings stay in place until the final decree replaces them and can cover custody, child support, spousal support, and use of property.17Texas State Law Library. Temporary Orders

Many Texas counties also issue standing orders that take effect automatically the moment a family case is filed. They typically prohibit both spouses from hiding or destroying property, draining accounts, running up new debt, canceling insurance, or disrupting the children’s routine, and they bar harassment between the parties. Violating a standing order can draw contempt sanctions, so read anything your county issues as soon as you file.

How Property Gets Divided

Texas is a community property state, but it doesn’t require a 50/50 split. The standard is “just and right,” which gives the judge room to weigh fault, earning capacity, health, age, and the needs of any children. Most negotiated settlements land close to even. A judge who finds adultery or cruelty can tilt the division toward the other spouse.

Separate property stays with its owner, but proving separate character takes clear and convincing evidence — a higher bar than the usual “more likely than not.”10State of Texas. Texas Family Code 3.003 – Presumption of Community Property If you inherited money during the marriage and mixed it with community funds in a joint account, tracing the separate portion back to the inheritance gets difficult. Keeping separate property in its own account is the single most effective way to preserve it.

Transfers of property between spouses as part of a divorce are generally tax-free at the federal level; neither spouse recognizes a gain or loss at the time of transfer.18Internal Revenue Service. Publication 504 (2025), Divorced or Separated Individuals The receiving spouse inherits the original tax basis, which matters when the asset is later sold.

Children: Conservatorship, Possession, and Support

If you have minor children, the divorce includes a Suit Affecting the Parent-Child Relationship (SAPCR) that resolves custody, visitation, and child support. This is where most contested cases get stuck.

Conservatorship

Texas uses “conservatorship” instead of custody. Most parents are named joint managing conservators, sharing authority over major decisions like education, medical care, and religion. One parent is given the right to determine the child’s primary residence, and the other receives a possession schedule.

If the parents don’t agree on a schedule, the court applies the Standard Possession Order, the default built into the Family Code. For parents living within 50 miles of each other, that generally means first, third, and fifth weekends, a Thursday overnight during the school year, alternating holidays, and extended summer possession for the noncustodial parent.19Attorney General of Texas. Possession Order Schedules and Holiday Information The schedule shifts when parents live farther apart.

Child Support

Texas calculates child support as a percentage of the noncustodial parent’s monthly net resources. Net resources start with all income (wages, overtime, bonuses, self-employment, investment returns, retirement benefits) and subtract Social Security taxes, income taxes figured for a single filer, the child’s health insurance cost, and union dues.

The guideline percentages are:20State of Texas. Texas Family Code 154.125 – Application of Guidelines to Net Resources

  • 1 child: 20% of net resources
  • 2 children: 25%
  • 3 children: 30%
  • 4 children: 35%
  • 5 children: 40%
  • 6 or more: not less than the five-child amount

Lower percentages (starting at 15% for one child) apply when the paying parent’s monthly net resources fall below $1,000. The guidelines run up to a monthly net resources cap of $9,200; above that, the court may order additional support if the child’s needs justify it. The court can also order either parent to provide health insurance, dental coverage, or cash medical support.

Spousal Maintenance Is Limited

Texas is restrictive on court-ordered spousal maintenance. To qualify, you must first show you won’t have enough property after the divorce (including your separate property) to meet your minimum reasonable needs. Then you have to fit one of these categories:21State of Texas. Texas Family Code 8.051 – Eligibility for Maintenance

  • Family violence: the other spouse was convicted of or received deferred adjudication for a family violence offense during the marriage within two years before filing or while the divorce is pending.
  • Disability that prevents you from earning enough to meet basic needs.
  • A marriage of at least 10 years, with inability to earn enough for your minimum reasonable needs.
  • Custody of a child of the marriage who needs substantial personal care because of a physical or mental disability, which keeps you from working enough to support yourself.

Duration is capped by the length of the marriage: up to 5 years for marriages under 10 (family violence cases) or 10 to 20 years, up to 7 years for 20 to 30 years, and up to 10 years for 30 or more.22State of Texas. Texas Family Code 8.054 – Duration of Maintenance Order The monthly payment can’t exceed the lesser of $5,000 or 20% of the paying spouse’s average monthly gross income.23State of Texas. Texas Family Code 8.055 – Limitations on Amount of Maintenance These caps apply to court-ordered maintenance; spouses can agree to different terms contractually.

Finalizing the Divorce

After the 60 days run and the terms are settled, the final step is the prove-up hearing. The petitioner appears before the judge, testifies under oath that the residency requirements are met and the facts in the petition are true, and confirms agreement with the proposed Final Decree of Divorce.9Texas Courts. Divorce Set 1 Uncontested, No Minor Children, No Real Property Instructions and Forms In an uncontested case, this usually takes under 15 minutes. If the judge approves the decree, both parties are legally single as soon as the signed decree is filed with the District Clerk.

Contested cases run differently. Expect discovery exchanges, hearings on temporary orders, and often mandatory mediation before trial. If mediation fails, the case goes to a final trial where the judge decides the remaining issues. These cases regularly take six months to a year or longer depending on the docket.

If you changed your name when you married and want it back, ask for name restoration in the petition, the answer, or a written agreement. The decree can restore a prior legal name but can’t change your name to something new. Once the signed decree includes the restoration, a certified copy is what you use to update your driver’s license, Social Security card, and other identification.