Divorce is never easy, and the process can feel overwhelming when you do not know what to expect. This page explains the types of divorce in Texas, the legal grounds, the step-by-step process, the waiting period, and how property and support are handled — in plain English, so you can make informed decisions.
Contested vs. Uncontested Divorce
An uncontested divorce means the spouses agree on every major issue — property, debts, support, and any children. It is usually faster and less expensive. A contested divorce means the spouses disagree on one or more issues and need negotiation, mediation, or a judge to resolve them.
Grounds for Divorce in Texas
Texas recognizes both no-fault and fault grounds. The most common is the no-fault ground of insupportability under Texas Family Code § 6.001 — the marriage has become unworkable because of conflict, with no reasonable expectation of reconciliation. Only one spouse has to believe this; the other does not have to agree.
The fault grounds include cruelty, adultery, a felony conviction, abandonment for at least one year, living apart for at least three years, and confinement in a mental hospital. Alleging fault is sometimes worthwhile because it can influence how a court divides the marital estate.
The Divorce Process, Step by Step
- File the petition. One spouse (the petitioner) files an Original Petition for Divorce in the proper county.
- Serve the other spouse. The respondent is formally served or signs a waiver of service. See Service of Process.
- The answer. The respondent’s answer is generally due by the Monday following 20 days after service. If none is filed, the case can proceed by default.
- Temporary orders. The court can set interim rules for the home, finances, and children.
- Discovery and mediation. The spouses exchange financial information, and most contested cases go to mediation before trial.
- Final decree. Once issues are resolved and the waiting period has passed, the judge signs the Final Decree of Divorce.
The 60-Day Waiting Period
Texas imposes a 60-day waiting period that runs from the day the petition is filed. A court generally cannot finalize a divorce until those 60 days have passed. This is a cooling-off period — it is not a separation requirement, and you do not have to live apart before filing. Narrow exceptions exist in certain family-violence situations.
Residency Requirements
To file 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. Where the case belongs is covered in detail on our Venue and Jurisdiction page.
How Property Is Divided
Texas is a community property state: most property acquired during the marriage belongs to both spouses. At divorce the court divides the community estate in a way that is “just and right” — which is often, but not always, an equal split. Property one spouse owned before marriage, or received by gift or inheritance, is usually separate property and is not divided.
Spousal Maintenance
Texas allows court-ordered spousal maintenance only in limited circumstances — for example, after a long marriage (generally ten years or more) where a spouse cannot meet their minimum reasonable needs, or in certain family-violence or disability situations. Amounts and duration are capped by statute and decided case by case.
Retirement Accounts
Retirement earned during the marriage is typically community property. Dividing a 401(k) or pension usually requires a separate court order called a Qualified Domestic Relations Order (QDRO), which lets the account be split without triggering taxes or early-withdrawal penalties.
Military Divorce
Military families face extra layers — residency questions, the division of military retirement, and federal protections. The Servicemembers Civil Relief Act can pause a case while a service member is on active duty so they are not disadvantaged by being unable to participate.
Frequently Asked Questions
Do I have to be separated before I file?
No. Texas has no separation requirement to file. The 60-day waiting period runs after filing, not before.
Is Texas property always split 50/50?
No. The court divides community property in a manner that is just and right, which can be unequal based on the circumstances.
Do I need a lawyer to get divorced in Texas?
It is not required, but divorce law is complex and the stakes are high. A lawyer protects your rights and is especially important if your spouse is represented.
Talk With a Texas Divorce Attorney
Understand your options before you make big decisions. Call 713-955-6182 or contact The De Leon Law Firm.