Start with Tex. Fam. Code §§ 6.001 to 6.802. In Texas, At least one party must have resided in Texas for 6 months, and in the county of filing for 90 days, before filing. Grounds: No-fault insupportability is the most common ground; fault grounds (adultery, cruelty, abandonment, and others) remain available and can affect property division. Property: community property. Texas is a community-property state. Community assets and debts acquired during marriage are generally divided under community-property principles (often equally); separate property is confirmed to the owning spouse when properly traced. That is the question this guide answers for how to file for divorce. Waiting period: A final decree generally cannot be entered until at least 60 days after the petition is filed (Tex. Fam. Code § 6.702). File in District court or statutory county court at law with family jurisdiction in the county of residence.
Residency and where to file
At least one party must have resided in Texas for 6 months, and in the county of filing for 90 days, before filing. File in the District court or statutory county court at law with family jurisdiction in the county of residence. Wrong venue or missing residency can delay service, temporary orders, and the final decree — confirm the county clerk’s checklist before you pay the filing fee.
Grounds for divorce in Texas
No-fault insupportability is the most common ground; fault grounds (adultery, cruelty, abandonment, and others) remain available and can affect property division.
Even in no-fault states, fault allegations can still affect temporary support, attorney’s fees, or credibility disputes. Read the live statute text on LawDiver and pair it with the LawDiver search rail scoped to Texas.
How the Texas rule applies
Apply the Texas authorities in order. The facts are simplified so the statute and the standard are visible.
A spouse wants to file for divorce in Texas and is unsure about residency, grounds, and property.
- Confirm residency: At least one party must have resided in Texas for 6 months, and in the county of filing for 90 days, before filing.
- Plead grounds Texas recognizes: No-fault insupportability is the most common ground; fault grounds (adultery, cruelty, abandonment, and others) remain available and can affect property division.
- Expect property division under community property: Texas is a community-property state. Community assets and debts acquired during marriage are generally divided under community-property principles (often equally); separate property is confirmed to the owning spouse when properly traced.
- Plan the timeline: A final decree generally cannot be entered until at least 60 days after the petition is filed (Tex. Fam. Code § 6.702). An original petition for divorce is filed. Temporary restraining orders and temporary orders can address support, custody, and exclusive use of the home. Contested property is divided under Texas community-property / just-and-right division. After the 60-day waiting period, the court enters a final decree.
TexasLawHelp.org publishes divorce kits; community-property tracing and QDROs usually need counsel.
Property division: community property
Texas is a community-property state. Community assets and debts acquired during marriage are generally divided under community-property principles (often equally); separate property is confirmed to the owning spouse when properly traced.
Retirement accounts, closely held businesses, and marital homes often need valuations and Qualified Domestic Relations Orders (QDROs). Do not assume an informal split of bank accounts finishes the case.
Waiting periods and timelines
A final decree generally cannot be entered until at least 60 days after the petition is filed (Tex. Fam. Code § 6.702).
The typical Texas divorce process
An original petition for divorce is filed. Temporary restraining orders and temporary orders can address support, custody, and exclusive use of the home. Contested property is divided under Texas community-property / just-and-right division. After the 60-day waiting period, the court enters a final decree.
Self-help and when to hire counsel
TexasLawHelp.org publishes divorce kits; community-property tracing and QDROs usually need counsel.
Related Texas guides
Case law: divorce in Texas
Judy Lynn BRINES, Relator, v. Hon. Grainger W. McILHANEY, Judge Et Al., Respondents
…issues presented are whether the provision of the decree of divorce appointing the child’s mother “temporary” managing conservator and the divorce decree itself were final. Our holding is that both were final, and we accordingly have conditionally granted the writ. Robert Claude and Judy Lynn Brines were divorced by decree of the 31st district court of Roberts County dated Febr…
Texas opinions such as Judy Lynn BRINES, Relator, v. Hon. Grainger W. McILHANEY, Judge Et Al., Respondents are cited where divorce is disputed. The court stated: "Our holding is that both were final, and we accordingly have conditionally granted the writ." That is the language to brief; the rest of the decision supplies the procedural posture.
John H. WILSON, Appellant. v. Shirley L. WILSON, Appellee
John H. WILSON, Appellant. v. Shirley L. WILSON, Appellee, 2001 Tex. App. LEXIS 721 (2001)
…g a bench trial, the trial court signed its final decree of divorce and judgment, dissolving the 32-year marriage of Appellant John H. Wilson and Appellee Shirley L. Wilson and dividing their community estate. This appeal arises from the trial court’s distribution of the marital property. On appeal, Appellant raises three issues challenging the fairness of the trial court’s dis…
John H. WILSON, Appellant. v. Shirley L. WILSON, Appellee is worth reading on Texas divorce because the court put the point in its own words: "Appellant John H. Wilson and Appellee Shirley L. Wilson and dividing their community estate. This appeal arises from the trial court’s distribution of the marital property." Use that passage as the starting point, then read the facts that precede it.
James Drew PHILLIPS, Appellant, v. Nancy Jane PHILLIPS, Appellee
James Drew PHILLIPS, Appellant, v. Nancy Jane PHILLIPS, Appellee, 2002 Tex. App. LEXIS 3100 (2002)
…ef Justice. James Drew Phillips appeals the final decree of divorce rendered by the trial court. Before us, James contends that the trial court abused its discretion in its division of the community estate of the parties, and that there was legally and factually insufficient evidence to support the trial court's division of the community estate. The record indicates that in her…
Texas opinions such as James Drew PHILLIPS, Appellant, v. Nancy Jane PHILLIPS, Appellee are cited where divorce is disputed. The court stated: "Justice. James Drew Phillips appeals the final decree of divorce rendered by the trial court." That is the language to brief; the rest of the decision supplies the procedural posture.
Adolph Roemer Et Al. v. Thomas P. Traylor Et Al.
Adolph Roemer Et Al. v. Thomas P. Traylor Et Al., 60 Tex. Civ. App. 437 (1910)
…decree of the District Court of Victoria County, they were divorced. That by said decree there was divested out of said Morris and vested in said Mary T. Morris, now Austin, every interest, right or title of said Morris in said said cattle. It was further alleged that long before any of the indebtedness upon which said judgment was rendered had accrued, said R. B. Morris had,…
Texas opinions such as Adolph Roemer Et Al. v. Thomas P. Traylor Et Al. are cited where divorce is disputed. The court stated: "District Court of Victoria County, they were divorced. That by said decree there was divested out of said Morris and vested in said Mary T. Morris, now Austin, every interest, right or title of said Morris in said said cattle." That is the language to brief; the rest of the decision supplies the procedural posture.
Rylee v. Rylee
Rylee v. Rylee, 1951 Tex. App. LEXIS 1838 (1951)
PRICE,' Chief Justice. This was an action for divorce wherein Annie Rylee was plaintiff and I. A. Rylee defendant. A division of property was sought. Trial was to the court without a jury. The court was not asked nor did it make findings of fact and conclusions of law. Judgment was entered in favor of plaintiff granting her a divorce and awarding her a homestead i…
On divorce, Rylee v. Rylee speaks to the Texas dispute in this passage: "PRICE,' Chief Justice. This was an action for divorce wherein Annie Rylee was plaintiff and I. A. Rylee defendant. A division of property was sought. Trial was to the court without a jury. The court was not asked nor did it make findings of fact and conclusions of law." The surrounding opinion shows how the court applied that language to the record.
James B. NAIL, Jr., Appellant, v. Alice J. NAIL, Appellee — Massey, J., dissenting
MASSEY, Chief Justice (dissenting). Antecedent to the divorce Dr. Nail and his wife were partners, albeit marital and not professional. Despite that fact I would hold that the situation presenting the problem to be resolved would not differ from that which would have obtained had they been professional partners and the decree one dissolving that character of partnership.…
On divorce, James B. NAIL, Jr., Appellant, v. Alice J. NAIL, Appellee — Massey, J., dissenting speaks to the Texas dispute in this passage: "MASSEY, Chief Justice (dissenting). Antecedent to the divorce Dr. Nail and his wife were partners, albeit marital and not professional." The surrounding opinion shows how the court applied that language to the record.
Key takeaways
- Residency: At least one party must have resided in Texas for 6 months, and in the county of filing for 90 days, before filing.
- Grounds: No-fault insupportability is the most common ground; fault grounds (adultery, cruelty, abandonment, and others) remain available and can affect property division.
- Property: community property — Texas is a community-property state.
- Waiting period: A final decree generally cannot be entered until at least 60 days after the petition is filed (Tex. Fam. Code § 6.702).
- Filing forum: District court or statutory county court at law with family jurisdiction in the county of residence.
- Primary authority: Tex. Fam. Code §§ 6.001 to 6.802.
Frequently asked questions
How long do I have to live in Texas before filing for divorce?
At least one party must have resided in Texas for 6 months, and in the county of filing for 90 days, before filing.
Is Texas a community-property state?
Texas follows community property. Texas is a community-property state. Community assets and debts acquired during marriage are generally divided under community-property principles (often equally); separate property is confirmed to the owning spouse when properly traced.
Do I need a lawyer to get divorced in Texas?
TexasLawHelp.org publishes divorce kits; community-property tracing and QDROs usually need counsel.
What happens to child custody in a Texas divorce?
Custody and parenting time are decided under Texas’s best-interests framework. See child custody and parenting time in Texas.
This guide covers Texas law as of 2026. Statutes and local rules change — verify the live text on LawDiver before filing.