Skip to main content

Are you a legal professional? Visit our professional site

Please enter a legal issue and/or a location
Begin typing to search, use arrow keys to navigate, use enter to select

Texas Divorce Laws

Divorce, or the dissolution of marriage, is handled at the state level. In Texas, legal requirements for divorce include the establishment of a domicile (permanent home) in the state for at least six months, among other regulations.

Texas Divorce Laws: Legal Grounds

In Texas, divorce law allows for no-fault divorce, which means neither party needs to provide evidence that the other party is at fault. But technically speaking, the divorce petition for a no-fault divorce will list "insupportability" as the cause (or fault). This is defined by statute as a marriage that cannot be supported because of "discord or conflict of personalities that destroys the legitimate ends of the marital relationship and prevents any reasonable expectation of reconciliation."

Other grounds include cruelty, adultery, conviction of a felony, abandonment, living apart (the parties are legally separated), or confinement in a mental hospital. Defenses to divorce in Texas are exceedingly rare, limited to situations where the court finds a "reasonable expectation of reconciliation."

Texas Marital Property Division

Texas is one of the states that was under Spanish rule. As a result, it's a community property state. This means that all property acquired during the marriage is equally owned by both spouses and therefore it is equally divided in the event of a divorce. While the community property law is generally followed, Texas courts will order the division of property with regards to the rights of each party and any children of the marriage. There can be separate property in the marriage if it:

  1. Was acquired before the marriage;
  2. Was a gift or inheritance to only one spouse; or
  3. Was received as recovery for personal injuries

Texas Divorce Laws: Overview of the Law

See the table below for a helpful, plain language summary of divorce laws in Texas. You may also want to see An Overview of No Fault and Fault Divorce Law and Divorce Forms for additional resources.

Code Section Texas Family Code, Section 6.001, et seq.
Residency Requirements One party domiciliary for preceding 6 months and resident of county for preceding 90 days.
Waiting Period 60 days from when suit was filed. Neither party may remarry before 31st day after decree signed (may be waived by court).
'No Fault' Grounds for Divorce Separation (3 yrs.); marriage is insupportable due to discord.
Defenses to a Divorce Filing Defense of recrimination abolished; condonation is defense only when reasonable expectation of reconciliation; defense of adultery abolished.
Other Grounds for Divorce Adultery; cruelty or violence; abandonment/desertion (1 yr.); insanity (confined for at least 3 yrs.); conviction of felony and imprisonment at least 1 yr. (unless spouse testifies against convicted spouse).
Division of Property

Texas Family Code:

Note: State laws are always subject to change through the passage of new legislation, rulings in the higher courts (including federal decisions), ballot initiatives, and other means. While we strive to provide the most current information available, please consult an attorney or conduct your own legal research to verify the state law(s) you are researching.

Research the Law

Texas Divorce Laws: Related Resources

Get Professional Legal Help With Your Texas Divorce Case

Divorce is rarely an easy undertaking and is usually quite stressful for both parties. The best way to get peace of mind in a divorce proceeding is to work with an experienced attorney licensed in your state, who can manage the process and fight your interests. Get started now by contacting a Texas divorce attorney near you.

You Don’t Have To Solve This on Your Own – Get a Lawyer’s Help

Meeting with a lawyer can help you understand your options and how to best protect your rights. Visit our attorney directory to find a lawyer near you who can help.

Or contact an attorney near you:

Next Steps: Search for a Local Attorney

Contact a qualified attorney.

Begin typing to search, use arrow keys to navigate, use enter to select

Can I Solve This on My Own or Do I Need an Attorney?

  • Divorces are tough and a lawyer can seek the best outcome
  • A lawyer can help protect your children's interests
  • Divorce lawyers can secure alimony, visitation rights, and property division

Get tailored divorce advice and ask a lawyer questions. Many attorneys offer free consultations.


 If you need an attorney, find one right now.

Copied to clipboard

Find a Lawyer

More Options