Texas Family Law
Divorce in Texas
Texas is a no-fault state, but it is not a simple one. What your divorce costs, how long it takes and what you walk away with are decided by rules that most people meet for the first time on the worst month of their life.
What Texas actually requires before you can file
Two clocks have to have run before a Texas court will hear your case. One of you must have been a domiciliary of Texas for the six months before filing, and a resident of the county you file in for the 90 days before filing (Tex. Fam. Code § 6.301). Move here in March and you cannot file in September in a county you reached in August — the state clock is satisfied and the county clock is not.
The ground for most Texas divorces is insupportability (Tex. Fam. Code § 6.001), which means the marriage has become insupportable because of discord that destroys the legitimate ends of the relationship. Nobody has to prove anybody did anything. Fault grounds still exist and still matter, mostly because fault can influence how a judge divides property — but the divorce itself does not depend on them.
The 60-day wait, and why it is not the timeline
A Texas court cannot grant a divorce before the 60th day after the petition is filed (Tex. Fam. Code § 6.702). People hear "60 days" and plan around it. That number is a floor, not an estimate. It is the shortest a fully agreed divorce with no children and no contested property can take.
What actually sets the length is disagreement. An agreed case where both spouses have already decided who keeps the house can finish shortly after the waiting period. A case with a business to value, a custody dispute, or a spouse who will not produce financial records runs on the court's docket, and the docket belongs to the county.
Community property is a presumption, not a coin flip
Texas presumes that everything either spouse holds at the end of the marriage is community property (Tex. Fam. Code § 3.002). Separate property — what you owned before the marriage, plus anything you received during it by gift or inheritance (Tex. Fam. Code § 3.001) — stays yours, but only if you can prove the character of it. That proof is a tracing problem, and tracing is documentary. The inheritance that sat in its own account is straightforward. The inheritance that went into the joint account and paid for four years of groceries is a fight.
The court then divides the community estate in a manner it deems just and right (Tex. Fam. Code § 7.001). Just and right is not a synonym for equal. Judges consider earning capacity, fault in the breakup, who has the children, health, education and the size of each spouse's separate estate. A 50/50 split is common because it is often defensible, not because it is required.
Where cases actually get decided
Most Texas divorces never see a trial. They resolve at mediation, where a neutral third party moves between two rooms until there is a settlement or there is not. Many North Texas courts will not give you a trial date until you have been to mediation, so it is better understood as a required step than as an alternative.
Mediated settlement agreements in family cases are unusually durable. Once signed with the statutory language, a party is generally entitled to judgment on it — which is a good reason not to sign one at eleven at night because everyone is tired.
Common Questions About Divorce
How long does a divorce take in Texas?
At an absolute minimum, 60 days from the date the petition is filed, because Texas Family Code § 6.702 bars the court from granting a divorce before the 60th day. Agreed cases often finish shortly after that. Contested cases — particularly ones involving custody, a business, or a spouse who will not produce records — commonly run several months to well over a year, and the county's docket has as much to do with it as the facts.
Do I need a reason to divorce in Texas?
No. Texas Family Code § 6.001 allows divorce on the ground of insupportability, which requires no proof of wrongdoing by either spouse. Fault grounds such as cruelty or adultery still exist, and they can affect how a judge divides the community estate, but they are not required to obtain a divorce.
Is everything split 50/50 in a Texas divorce?
No. Texas Family Code § 7.001 directs the court to divide the community estate in a manner that is just and right, having due regard for the rights of each party and any children. Judges routinely award more than half to one spouse based on earning capacity, fault, health, custody of children, or the size of each spouse's separate estate.
What is the difference between community and separate property?
Separate property is what a spouse owned before marriage, plus anything acquired during marriage by gift, devise or descent (Texas Family Code § 3.001). Everything else acquired during the marriage is presumed community property (§ 3.002). The presumption favors community, so the spouse claiming separate property carries the burden of proving it — usually with records tracing the asset back to its source.
Can I file for divorce if my spouse does not agree?
Yes. Texas does not require both spouses to agree to the divorce. One spouse's assertion of insupportability is enough. A spouse who refuses to participate can slow the case down through service and discovery problems, but cannot prevent the divorce from being granted.
Do I have to go to court?
Usually far less than people expect. Most Texas divorces resolve at mediation, and many counties require mediation before granting a trial setting. In an agreed case the only courtroom appearance may be a short prove-up hearing, and some courts allow that to be handled by affidavit or remotely.
For a fuller treatment of divorce in Texas, including the situations this page only summarises, see Texas Divorce Attorney.
Lisa G. Garza has practiced Texas family law for more than 30 years and is board certified in the field. If your situation needs an answer rather than an article, the firm offers consultations.