{"id":376637,"date":"2016-03-31T21:36:52","date_gmt":"2016-04-01T02:36:52","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/state\/texas-law\/texas-legal-requirements-for-divorce.html"},"modified":"2023-10-04T10:54:27","modified_gmt":"2023-10-04T15:54:27","slug":"texas-legal-requirements-for-divorce","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/texas-law\/texas-legal-requirements-for-divorce.html","title":{"rendered":"Texas Divorce Laws"},"content":{"rendered":"\n
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Texas Divorce Laws<\/h1>\n
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\n By Susan Buckner, J.D.<\/a> | Legally reviewed by Bridget Molitor, JD<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

In Texas family law<\/a>, filing for divorce requires six months’ residency in the state and 90 days’ residency in the county of filing. There are other requirements if the parties have minor children, if one lives out of state, or if there are allegations of family violence.<\/p>\r\n

This article provides an overview and explanation of divorce laws in the state of Texas.<\/p>\r\n

Summary of Texas Divorce Laws<\/h2>\r\n\r\n

Code Section<\/p>\r\n<\/th>\r\n

Section 6.001 et seq. <\/a>of the Texas Family Code<\/td>\r\n<\/tr>

Residency Requirements<\/p>\r\n<\/th>\r\n

Must be a resident of the state for six months before filing, and a resident in the county where filed for at least 90 days before filing<\/td>\r\n<\/tr>

Waiting Period<\/p>\r\n<\/th>\r\n

60 days from when the suit was filed. Neither party may remarry before the 31st day after the decree is signed (may be waived by the court)<\/td>\r\n<\/tr>

‘No-Fault’ Grounds for Divorce<\/p>\r\n<\/th>\r\n

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  • Separation ("insupportability" or living apart for at least three years). Marriage is insupportable due to discord.<\/li>\r\n<\/ul>\r\n<\/td>\r\n<\/tr>

Defenses to a Divorce Filing<\/p>\r\n<\/th>\r\n

Condonation when reasonable expectation of reconciliation (and then it is the court’s discretion)<\/td>\r\n<\/tr>

Other Grounds for Divorce<\/p>\r\n<\/th>\r\n