Divorce in Texas: Laws, Requirements, and Process
A complete guide to getting a divorce in Texas. Covers grounds, residency requirements, property division, alimony, child custody, and what to expect from the process.
Data last updated: Apr 16, 2026Key Takeaways
- Property division: Community property.
- Residency requirement: 6 months in the state and 90 days in the county.
- Waiting period: 60 days from filing.
- Filing fee: $250 - $350.
Grounds for Divorce
Texas allows no-fault divorce. The no-fault ground is: Insupportability (discord or conflict of personalities).
Fault-Based Grounds
Texas also recognizes these fault-based grounds for divorce:
- Adultery
- Cruelty
- Abandonment for one year
- Living apart for 3 years
- Confinement to a mental hospital for 3 years
- Conviction of a felony with imprisonment for 1 year or more
Residency Requirements
6 months in the state and 90 days in the county.
Property Division
Texas is a community property state. Texas is a community property state. Community property is divided in a manner the court deems 'just and right,' which may not always be a 50/50 split. Courts consider the spouses' earning capacities, fault in the breakup of the marriage, and the needs of the children. Separate property remains with the owning spouse.
Alimony / Spousal Support
Texas calls alimony 'spousal maintenance' and limits it to specific circumstances. A spouse may be eligible if the marriage lasted 10+ years and they cannot earn sufficient income, if they have an incapacitating disability, or if the other spouse was convicted of family violence within 2 years of filing. Duration is limited based on the length of the marriage.
Child Custody
Texas courts determine 'conservatorship' (custody) based on the best interest of the child. The court considers the child's physical and emotional needs, any danger to the child, the parental abilities of each party, the stability of each home, the child's plans and desires, and any history of family violence.
Child Support
Texas uses a percentage of income model. The non-custodial parent generally pays 20% of net resources for one child, 25% for two, 30% for three, 35% for four, 40% for five, and at least 40% for six or more children.
Filing Fee
The filing fee for divorce in Texas is $250 - $350. Fee waivers may be available for those who cannot afford to pay.
Related Resources
Frequently Asked Questions
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What are the grounds for divorce in Texas?
Texas allows no-fault divorce based on insupportability (discord or conflict of personalities). The state also has fault-based grounds including adultery, cruelty, abandonment, living apart for 3 years, confinement to a mental hospital, and felony conviction.
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How long do you have to live in Texas to file for divorce?
At least one spouse must have been a resident of Texas for at least 6 months and a resident of the county of filing for at least 90 days before filing the petition.
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How is property divided in a Texas divorce?
Texas is a community property state. Community property is divided in a manner the court deems just and right, which is not necessarily equal. The court considers earning capacities, fault in the divorce, and the children's needs.
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How long does a divorce take in Texas?
Texas has a mandatory 60-day waiting period from the date of filing. Uncontested divorces can be finalized shortly after the 60-day period. Contested cases may take 6 months to over a year.