By FindLaw Staff | Legally reviewed by Nicole Prebeck, Esq. | Last reviewed January 10, 2023
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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.
This article provides a brief overview of divorce laws in the state of Texas.
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 |
§ 6.001 et seq. of the Texas Family Code |
|---|---|
Residency Requirements |
Resident of state for six months before filing, and resident in county where filed for at least 90 days before filing |
Waiting Period |
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) |
'No-Fault' Grounds for Divorce |
Separation ("insupportability" or living apart for at least three years) marriage is insupportable due to discord |
Defenses to a Divorce Filing |
Condonation when reasonable expectation of reconciliation (and then it is the court's discretion) |
Other Grounds for Divorce |
Adultery; cruelty or violence; abandonment/desertion (one year); insanity (confined for at least three years); conviction of felony and imprisonment for at least one year (unless spouse testifies against convicted spouse) |
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.
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, the 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."
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, one who can manage the process and fight your interests.
Get started now by contacting a Texas divorce attorney near you.
Contact a qualified attorney.
Get tailored divorce advice and ask a lawyer questions. Many attorneys offer free consultations.