Divorce in Texas: how it works and where to start
To file for divorce in Texas, you or your spouse must have lived in Texas for the past six months and in the county where you file for the past 90 days. A Texas court cannot grant a divorce until at least 60 days after the case is filed. Many divorces end in an agreement and some go to trial. In nearly all of them, the court divides the couple's community property and, if there are children, sets custody and support.
If you're reading this at night, worried
Divorce brings up a lot of fear at once. Fear about money, fear about your children, fear about yourself, fear about your future. That's normal. The legal process has a shape, and once you can see it, it usually feels more manageable.
Scott Rewak is Board Certified, Family Law — Texas Board of Legal Specialization, and works with families across Dallas, Collin, Denton and Tarrant counties. He studied accounting before law school, which helps when a divorce turns on numbers. This page walks through the basics. The preparing for divorce pages go deeper.
Who can file for divorce in Texas
Texas has two residency rules, and both must be met when the case is filed. Either you or your spouse must have been living in Texas for the previous six months, and in the county where the case is filed for the previous 90 days (Tex. Fam. Code §6.301).
That county rule matters in Dallas–Fort Worth. Cities like Dallas, Plano, Frisco and Fort Worth reach into more than one county. Where you file depends on your actual address, not the name of your city. See the county pages for Dallas, Collin, Denton and Tarrant.
The 60-day waiting period
Texas law says a court "may not grant a divorce before the 60th day after the date the suit was filed" (Tex. Fam. Code §6.702). Sixty days is the minimum. Many divorces take longer, especially when there are children, a business or real disagreement.
There is a narrow exception for family violence. The wait does not apply where the other spouse has a family-violence conviction or deferred adjudication against the person filing or a household member, or where the person filing has an active protective order or emergency order based on family violence during the marriage. If you are worried about your safety, see protective orders.
Grounds: why you're asking for a divorce
Most Texas divorces are filed on "insupportability," a no-fault ground. In plain words, the marriage has broken down because of conflict or differences, and there's no reasonable expectation of getting back together. You don't have to prove anyone did anything wrong. Texas also allows fault grounds, such as adultery or cruelty, and whether to plead one depends on your situation.
Agreed and contested divorce
An agreed (uncontested) divorce is one where both spouses agree on everything: property, debts, and, if there are children, custody, the possession schedule and support. The agreement is written into a final decree, and a judge signs it.
A contested divorce is one where spouses disagree on at least one issue. Contested cases often involve:
- Temporary orders: rules for the time while the case is open, such as who stays in the house, the children's schedule and who pays which bills.
- Discovery: each side gathering documents and information from the other.
- Mediation: a meeting with a neutral mediator to try to settle. Courts in this area commonly send family cases to mediation before trial. See mediation and collaborative divorce.
- Trial: if issues still aren't settled, a judge (or in some cases a jury) decides.
Many contested cases still settle before trial. Many start out agreed on some things and contested on others.
Standing orders that start the day you file
In Dallas, Collin and Denton counties, a county standing order applies automatically in divorce cases. These orders set basic ground rules, such as not hiding property, not taking the children out of the state without agreement and not harassing each other. Tarrant County does not have one, so a party who wants that kind of protection has to ask the court for it. Your county page explains what applies to you.
Community property, in brief
Texas is a community property state. Property either spouse has during the marriage or when it ends is presumed to be community property. A spouse who says something is separate property has to prove it by "clear and convincing evidence" (Tex. Fam. Code §3.003). Separate property generally includes what you owned before marriage and gifts or inheritances you received during it.
The court then divides the community estate in a way it considers "just and right" (Tex. Fam. Code §7.001). That is not always a 50/50 split. Read more on property division.
If you have children
A divorce with children also decides conservatorship (what Texas calls custody), the possession schedule (visitation) and child support. Every decision about children is measured by what is in their best interest.
Find your situation
No two divorces are the same. These pages are written for three common situations:
- Preparing for divorce: you're thinking about it, or you've just been served.
- High-net-worth divorce: a business, executive pay, investments or complex finances.
- High-conflict divorce: a spouse who is controlling, hostile or hard to deal with.
As Scott puts it: "There's no substitute for being prepared." The most important thing you can do is speak with a trusted family lawyer as early as possible, before decisions get made for you.
Questions people ask
How long does a divorce take in Texas?
At least 60 days from filing, by law. An agreed divorce may be finished not long after that. A contested divorce often takes months, sometimes longer, depending on the issues, the court's schedule and how much the spouses disagree.
Do I have to prove my spouse did something wrong?
No. Most Texas divorces are filed on the no-fault ground of insupportability. Fault grounds exist, and whether they matter in your case depends on your situation.
Can I file in Dallas County if I just moved here?
Either you or your spouse must have lived in the county where you file for the previous 90 days, and in Texas for the previous six months. If neither of you meets the county rule yet, you may be able to file in a different county or wait.
Does Texas split everything 50/50?
Not necessarily. Texas courts divide community property in a way they consider "just and right," which can be equal or unequal depending on the facts. Separate property is generally not divided.
Do we have to go to court if we agree?
An agreed divorce still needs a judge to sign the final decree. Depending on the court and the case, that may involve a short appearance or may be handled largely on paper. Either way, it is far less involved than a contested hearing or trial.
