Please note: local and state laws change constantly. This information is for educational purposes only. We do our best to keep this up-to-date, but please contact us to discuss your unique situation.
Getting Divorced in Texas
According to Texas Code, the court may grant a divorce without regard to fault if the marriage has become insupportable because of discord or conflict of personalities that destroys the legitimate ends of the marital relationship and prevents any reasonable expectation of reconciliation. This is commonly referred to as a “no-fault” divorce.
The court may grant a divorce in favor of one spouse if the other spouse is guilty of:
- Cruel treatment toward the complaining spouse of a nature that renders further living together insupportable.
- Adultery.
- Has been convicted of a felony;
- Has been imprisoned for at least one year in the Texas Department of Criminal Justice, a federal penitentiary, or the penitentiary of another state; and
- Has not been pardoned.
- Left the complaining spouse with the intention of abandonment and remained away for at least one year.
- The spouses have lived apart without cohabitation for at least 3 years.
- The other spouse has been confined in a state mental hospital or private mental hospital in Texas or another state for at least 3 years.
Residency Requirements
At the time the suit is filed either the petitioner or the respondent must have been living in Texas for the preceding 6 month period, and be a resident of the county in which the suit is filed for the preceding 90 day period.
If one spouse has been living in Texas for at least the last 6 months, a spouse living in another state or nation may file a suit for divorce in the county in which the domiciliary spouse resides at the time the petition is filed.
Waiting Period
The court may not grant a divorce until 60 days after the date the suit was filed.
A waiting period is not required before a court may grant a divorce in a suit in which the court finds that:
- The respondent has been finally convicted of or received deferred adjudication for an offense involving family violence against the petitioner or a member of the petitioner’s household; or
- The petitioner has an active protective order based on a finding of family violence against the respondent because of family violence committed during the marriage.
Texas Divorce Laws and Marriage Laws
You can find a complete listing of the Texas divorce laws by searching under “Family Code” here.
Texas Divorce Information by County
