Divorce in Texas: How It Works, Step by Step (2026 Guide)

Texas allows no-fault divorce, divides community property in whatever way is "just and right," and makes court-ordered alimony harder to get than almost any other state does. A divorce can't be granted until 60 days after filing, and it ends when a judge signs the Final Decree of Divorce.

This guide walks through the whole process. Each topic links to a deeper page, and every legal statement cites the statute, rule or official source behind it.

Texas divorce at a glance

Who can file for divorce in Texas

Family Code § 6.301:

A suit for divorce may not be maintained in this state unless at the time the suit is filed either the petitioner or the respondent has been: (1) a domiciliary of this state for the preceding six-month period; and (2) a resident of the county in which the suit is filed for the preceding 90-day period.

Only one spouse has to qualify. If one spouse has lived in Texas for six months, a spouse living elsewhere can file in the Texas spouse's county (§ 6.302). Time spent away in military service counts as Texas residence for a Texas domiciliary, and a service member stationed in Texas for six months (and 90 days in the county) qualifies (§§ 6.303–6.304).

To divide property or order support against a spouse who lives outside Texas, the court also needs personal jurisdiction over them. Section 6.305 provides it if Texas was the couple's last marital residence and the suit is filed within two years after the other spouse left, or on any other basis the Constitution allows.

Texas has no legal separation. A couple who want to live apart without divorcing can make a written partition agreement dividing their property, but there's no court proceeding for a legal separation.

Grounds: no fault, or fault

Most Texas divorces use the no-fault ground. Family Code § 6.001:

On the petition of either party to a marriage, the court may grant a divorce without regard to fault if 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.

No period of separation is required. Texas also keeps six fault grounds: cruelty (§ 6.002), adultery (§ 6.003), conviction of a felony with at least a year in prison (§ 6.004), abandonment for at least a year (§ 6.005), living apart for at least three years (§ 6.006), and confinement in a mental hospital for at least three years (§ 6.007).

Fault can matter even when it isn't needed. Courts may weigh it in dividing property, and "marital misconduct, including adultery and cruel treatment," is an express factor in deciding spousal maintenance (§ 8.052(10)).

A 2025 bill that would have repealed no-fault divorce (H.B. 3401) died in committee. Insupportability remains the law.

Step by step

1. File the petition

One spouse files an Original Petition for Divorce with the district clerk in a county where either spouse has lived for the last 90 days. The fee is about $350 in the largest counties, more in some counties when there are children; see what a Texas divorce costs. If you can't afford it, file a sworn Statement of Inability to Afford Payment of Court Costs (Rule 145). The free form sets are described on our forms page.

2. Standing orders may take effect immediately

Texas has no statewide automatic restraining order, but many counties have standing orders that apply to every divorce as soon as it's filed, barring the spouses from hiding or selling property, canceling insurance, disrupting the children's routine and similar conduct. Dallas, Travis, Bexar, Denton, Collin and Fort Bend post them; Harris, Tarrant, El Paso and Hidalgo do not. A standing order is effective only if it's posted on the state's local rules website (Rule 3a).

Separately, a court can issue a temporary restraining order in a divorce without notice (Family Code § 6.501) and, after a hearing, temporary orders (§ 6.502).

3. Serve your spouse, or get a waiver

Your spouse must be formally served (Rule 106) unless they sign a Waiver of Service after the petition is filed. The waiver must be sworn before a notary who isn't a lawyer in the case (Family Code § 6.4035). A spouse who can't be found can be served by publication with the court's permission (Rule 109).

4. The answer, or a default

A served spouse must answer by 10:00 a.m. on the Monday after 20 days have passed (Rule 99). If they don't, you can proceed by default, but Texas still requires you to prove your case: "the petition may not be taken as confessed if the respondent does not file an answer" (§ 6.701). See uncontested divorce.

5. Exchange information

For divorces filed on or after September 1, 2023, disclosure is governed by a new part of the Family Code, chapter 301, which lets each side send a Request for Disclosure, answered within 30 days. A court can also order a sworn inventory and appraisement of the property and a list of debts (§ 6.502(a)(1)).

6. Temporary orders

While the case is pending, the court can order temporary spousal support, exclusive use of the home, limits on spending, payment of attorney's fees, and temporary custody and child support (§ 6.502; § 105.001). Since September 1, 2023, if the court sends the case to mediation on its own motion while a temporary-orders request is pending, it can't postpone that hearing more than 30 days (§ 6.502(a-1)).

7. Mediation and settlement

Courts can refer divorces to mediation (§ 6.602), and many require it before trial. A mediated settlement agreement that says in bold, capitals or underlining that it isn't subject to revocation, signed by both spouses and any lawyers present, is binding (§ 6.602(b)). A spouse who has been a victim of family violence can object to mediation (§ 6.602(d)).

8. Trial, if needed

Either spouse can demand a jury (§ 6.703), although the judge decides the property division. The judge decides the remaining issues and signs the decree.

9. The decree and the waiting period

The earliest a divorce can be granted is the 60th day after the petition was filed (§ 6.702), unless a family-violence exception applies. Nothing happens automatically on day 60; you're divorced when the judge signs the Final Decree. See how long a Texas divorce takes for the calculator.

Money and children: how Texas decides

Property. Community property is everything acquired during the marriage other than separate property, and it is presumed to be community unless proved separate by clear and convincing evidence. The court divides it in a "just and right" manner, which isn't necessarily 50/50. See property and debts.

Alimony. Court-ordered maintenance requires eligibility (family violence, disability, a 10-year marriage with inability to earn, or care of a disabled child), is capped at the lesser of $5,000 or 20 percent of gross income, and is limited to 5, 7 or 10 years. See spousal maintenance.

Child support. A percentage of the paying parent's net resources: 20 percent for one child, up to 40 percent for five, applied to the first $11,700 a month since September 1, 2025. See child support.

Custody. Texas presumes both parents should be joint managing conservators and presumes the standard possession order is a reasonable minimum schedule. See child custody.

Taxes. Texas has no state income tax. Under federal law, alimony under agreements executed after 2018 is neither deductible nor taxable.

Annulment and informal marriage

Annulment. A Texas court can annul a marriage for reasons that existed when it began, including a spouse under 18, intoxication, impotency, fraud, duress or force, mental incapacity, a divorce concealed from the other spouse within 30 days before the wedding, or a wedding held within 72 hours of the license (§§ 6.102–6.110). There is no 60-day waiting period for an annulment (§ 6.702(b)).

Informal ("common-law") marriage. Texas recognizes it, and ending one requires a divorce like any other marriage. It can be proved by a registered declaration or by showing that the couple agreed to be married, lived together in Texas as spouses, and told others they were married (§ 2.401(a)). There is a time limit on proving it. Family Code § 2.401(b):

(b) If a proceeding in which a marriage is to be proved as provided by Subsection (a)(2) is not commenced before the second anniversary of the date on which the parties separated and ceased living together, it is rebuttably presumed that the parties did not enter into an agreement to be married.

After the divorce

• Remarriage: neither spouse may marry someone else before the 31st day after the decree, unless the court waives it; they may remarry each other at any time (§§ 6.801–6.802).
• New trial and appeal: generally within 30 days after the decree is signed (Rule 329b; Tex. R. App. P. 26.1).
• Property: the division can't be changed later (§ 9.007), but property the decree left out can be divided in a later suit, filed within two years after the other spouse repudiates your interest (§§ 9.201–9.202).
• Children: custody and support can be modified on a material and substantial change in circumstances (§§ 156.101, 156.401).
• Records and name change: see divorce records.

What's new in Texas divorce law

The waiting period, residency rules, grounds and the maintenance cap were not changed in 2023 or 2025.

Common myths about divorce in Texas

• Myth: We have to be separated before filing. No. Insupportability requires no separation.
• Myth: Texas has legal separation. It doesn't.
• Myth: Community property is split 50/50. The standard is "just and right," which can be unequal.
• Myth: Alimony is automatic after a long marriage. Maintenance requires eligibility and is capped and time-limited.
• Myth: Joint conservatorship means 50/50 time. It means shared rights and duties; time is set by the possession order.
• Myth: At 12, a child chooses. The judge must interview the child on request, but the child's wishes aren't binding.
• Myth: The 60 days start at service. They start at filing.
• Myth: If my spouse doesn't answer, I win automatically. You still have to prove your case.
• Myth: A common-law marriage just ends when we split up. It takes a divorce.

Frequently asked questions

How long do you have to live in Texas to get a divorce?

One spouse must have been domiciled in Texas for the preceding six months and lived in the filing county for the preceding 90 days (Family Code § 6.301).

How long does a divorce take in Texas?

At least 60 days from filing, unless a family-violence exception applies. Agreed divorces often finish soon after that; contested divorces commonly take several months to more than a year.

How much does a divorce cost in Texas?

Filing fees are about $350 in the largest counties, and $350 to $401 when there are children. Service, lawyers, mediation and experts add to that. Fee waivers are available.

Can I get a divorce in Texas if my spouse doesn't want one?

Yes. Texas allows no-fault divorce on the ground of insupportability, and a spouse who doesn't answer can be defaulted, although you must still prove your case.

Is Texas a 50/50 divorce state?

No. Community property is divided in a "just and right" manner, which may be unequal. And joint managing conservatorship doesn't require equal parenting time.

Does adultery matter in a Texas divorce?

It can. Adultery is a fault ground, courts may consider fault in dividing property, and marital misconduct is a factor in spousal maintenance.

Can I file for divorce in Texas without a lawyer?

Yes. TexasLawHelp.org publishes free form sets for agreed divorces, and the Supreme Court of Texas offers a form set for simple cases. Some counties require a review of self-represented filings.

Does Texas recognize common-law marriage?

Yes, as informal marriage, and it takes a divorce to end one. If no case is filed within two years after the couple separates, the law presumes there was no agreement to be married.

Where these sections live

• Family Code § 6.001 — Insupportability
• Family Code § 6.301 — Residency
• Family Code § 6.502 — Temporary orders
• Family Code § 6.701 — No default on the petition alone
• Family Code § 6.702 — Waiting period
• Family Code § 2.401 — Informal marriage
• Tex. R. Civ. P. 99 — Answer deadline
• Tex. R. Civ. P. 106 — Service
• Tex. R. Civ. P. 145 — Statement of Inability