Texas divorce law has a few features that catch people off guard: a mandatory 60-day waiting period that cannot be waived in most cases, community property rules that treat most assets acquired during the marriage as jointly owned regardless of whose name is on the account, and specific residency requirements that are stricter than many people expect. Getting the basics right before you file saves time, money, and the frustration of having paperwork rejected by the court.
Here is how Texas divorce actually works, from the residency requirements through the final decree.
Texas residency requirements
Before filing for divorce in Texas, at least one spouse must have lived in Texas for a minimum of six continuous months, and at least one spouse must have lived in the specific county where the petition is filed for a minimum of 90 days. Both requirements must be met at the time of filing.
If you recently moved to Texas, you may need to wait before filing. If your spouse still lives in another state where you were previously domiciled, you may need to file there instead, depending on the circumstances. Filing in the wrong county or before the residency period is satisfied results in the court dismissing the case.
Grounds for divorce in Texas
Texas allows both no-fault and fault-based divorce. The no-fault ground is "insupportability," which means the marriage has become insupportable because of discord or conflict that destroys the legitimate ends of the marriage. This is the Texas equivalent of irreconcilable differences and is the ground used in virtually all uncontested divorces.
Fault grounds are also available in Texas: adultery, cruelty, felony conviction, abandonment for at least one year, living apart for at least three years, and confinement to a mental hospital. Fault grounds matter in Texas because a court can consider fault when dividing the marital estate, potentially awarding a larger share to the innocent spouse. In practice, most Texas divorces proceed on no-fault grounds even when fault exists, because proving fault is expensive and the outcome is unpredictable.
The 60-day waiting period
Texas Family Code Section 6.702 requires a minimum 60-day waiting period between the date the divorce petition is filed and the date the divorce can be finalized. No divorce in Texas can be granted before the 60-day period expires, regardless of how quickly both parties reach agreement or how simple the case is.
There are two narrow exceptions. If the filing spouse has been the victim of family violence committed by the other spouse, the waiting period can be waived. If one spouse has been convicted of or received deferred adjudication for a family violence offense, the waiting period can also be waived. Outside these exceptions, the 60 days is mandatory.
The waiting period runs from the date of filing, not the date of service. Preparing the paperwork thoroughly before filing, rather than filing immediately and then working on the agreement, does not reduce the overall timeline because the clock starts at filing regardless.
Community property in Texas
Texas is a community property state. Most property acquired by either spouse during the marriage, regardless of whose name it is in or who earned the money to buy it, is community property owned equally by both spouses. Separate property, which each spouse keeps entirely, includes property owned before the marriage, property received as a gift or inheritance during the marriage, and personal injury damages (other than lost wages).
The community property presumption is strong in Texas: if there is any question about whether an asset is community or separate property, it is presumed to be community property. Overcoming that presumption requires tracing the asset back to separate property sources with clear documentation, which can be difficult for older assets or commingled funds.
Texas courts are required to divide the community estate in a manner that is "just and right," which often means a 50/50 split but does not have to. Courts can consider factors including fault in the breakup of the marriage, disparity in earning capacity, health, age, and the needs of the children when deciding whether an unequal division is appropriate. In an uncontested divorce, the spouses agree on the division themselves and the court approves it as long as it appears just and right.
Dividing retirement accounts in Texas
Retirement accounts accumulated during the marriage are community property in Texas and must be addressed in the divorce decree. Dividing a 401(k), pension, or similar employer-sponsored retirement plan requires a Qualified Domestic Relations Order (QDRO), a separate court order that instructs the plan administrator how to divide the account. The QDRO must be drafted, approved by the court, and submitted to the plan administrator before the division takes effect.
IRAs are divided differently: they require a transfer incident to divorce under IRS rules rather than a QDRO, but the divorce decree must still specifically address the IRA and authorize the transfer. Leaving retirement accounts out of the divorce decree or handling them informally creates tax and legal complications that can be difficult and expensive to fix after the fact.
Child custody in Texas
Texas uses specific terminology for custody that differs from most other states. What most states call "legal custody" Texas calls "conservatorship." What most states call "physical custody" or "primary residence" Texas calls "possession and access." Getting the terminology right matters when preparing the divorce decree, since Texas courts use standardized possession schedules that are referenced by name in the decree.
The default arrangement in most Texas divorces with children is a Joint Managing Conservatorship (JMC), where both parents share decision-making authority over major life decisions for the children (education, healthcare, religious upbringing). One parent is typically designated as the primary conservator with the right to determine the children's primary residence, and the other parent receives possession and access under either the Standard Possession Order or an Extended Standard Possession Order.
The Standard Possession Order gives the non-primary parent specific scheduled time: the first, third, and fifth weekends of each month, Thursday evenings during the school year, and alternating holidays. The Extended Standard Possession Order adds additional time on school holidays and provides for more flexibility. For parents who live more than 100 miles apart, a different possession schedule applies.
Child support in Texas is calculated using a percentage of the paying parent's net monthly income, with percentages set by statute: 20% for one child, 25% for two children, 30% for three children, and so on up to a cap. The calculation uses net income after certain deductions including taxes, Social Security, and union dues.
The Texas divorce process step by step
One spouse files an Original Petition for Divorce in the district court of the county where the residency requirements are met. The filing fee varies by county but typically runs between $250 and $350. The other spouse must be served with the petition, or if both spouses are cooperating, can waive service by signing a Waiver of Service.
Both spouses complete financial disclosures. Texas requires an Inventory and Appraisement listing all community and separate property assets and debts, unless the parties agree to waive this requirement in writing.
The spouses negotiate and sign a Final Decree of Divorce that addresses all property, debt, support, and (if applicable) child custody and support issues. In an uncontested divorce, this decree is prepared and submitted to the court for approval after the 60-day waiting period expires.
A brief prove-up hearing is typically required, even in uncontested cases, where the filing spouse appears before the judge (the other spouse usually does not need to appear), confirms the basic facts of the case, and asks the court to approve the decree. The judge signs the Final Decree of Divorce, which takes legal effect immediately.
For couples who can agree on all terms and want help preparing the required forms, Nolo's Online Divorce generates Texas-specific divorce paperwork including the Original Petition, Waiver of Service, and Final Decree of Divorce, with instructions for filing in your specific Texas county.
A real-world example
Maria and David have been married for nine years and live in Harris County. They have two children and own a house and two vehicles. Both work full-time. They agree Maria will keep the house (refinancing the mortgage in her name), they will share Joint Managing Conservatorship of the children with Maria as the primary conservator, David will have Standard Possession Order access, and David will pay child support per the Texas guidelines. David files the Original Petition for Divorce in Harris County district court. Maria signs a Waiver of Service. They prepare the Final Decree of Divorce addressing all property, debt, and child issues. After the 60-day waiting period, David attends a brief prove-up hearing, the judge approves the decree, and both parties are legally divorced. The total process takes about 90 days from filing to final decree.
Frequently Asked Questions
Can I file for divorce in Texas if my spouse lives in another state?
Yes, as long as you meet the Texas residency requirements (six months in Texas, 90 days in the county where you file). Texas courts can grant the divorce itself based on your residency alone. However, the court may have limited jurisdiction over property located in the other state or over the non-resident spouse for purposes of support orders, depending on whether that spouse has sufficient connections to Texas. For divorces where the other spouse is in another state and there are significant assets or support issues, consulting a Texas family law attorney about jurisdictional questions before filing is advisable.
How is the house divided in a Texas divorce?
If the house was purchased during the marriage with marital funds, it is community property and both spouses have an equal ownership interest. The most common outcomes are: one spouse buys out the other's equity and refinances the mortgage solely in their name; the house is sold and the net proceeds are divided; or the spouses agree that one will stay in the house for a defined period (often until children finish school) after which it is sold. Whatever the agreement, the divorce decree must specifically address the house, and any title transfer requires a deed. A spouse who is awarded the house but cannot refinance the mortgage within a reasonable period may be required by the decree to sell it instead.
Does Texas require a separation period before divorce?
No mandatory separation period is required to file for divorce in Texas. You can file immediately after meeting the residency requirements. The 60-day waiting period between filing and finalization is not a separation requirement; both spouses can continue living together during that time. Texas does recognize living apart for three years as a fault ground for divorce, but this is different from a mandatory separation period and is rarely used in practice.
What happens to debt in a Texas divorce?
Debt incurred during the marriage is generally community debt in Texas, regardless of whose name it is in. The divorce decree divides responsibility for community debts between the spouses, but the allocation in the decree does not change the creditor's rights. If a credit card is in both names and one spouse is assigned that debt but does not pay it, the creditor can pursue both spouses. For this reason, refinancing joint debts into one spouse's name, closing joint accounts, and removing the departing spouse from accounts where possible is the cleaner approach, even if it takes time to arrange around the divorce proceedings.
Can I get a faster divorce in Texas if we agree on everything?
The 60-day waiting period is the floor in Texas and cannot be reduced except in domestic violence situations. There is no fast-track process for fully agreed cases that bypasses the waiting period. What you can control is how prepared you are when the 60 days expire: if the Final Decree is drafted, reviewed, and ready to submit the moment the waiting period ends, the prove-up hearing can be scheduled quickly and the divorce finalized shortly after the 60 days. The best way to minimize total time is to prepare all paperwork thoroughly before or immediately after filing, so there is no delay once the waiting period is satisfied.