Sources and scope: the legal statements below were compared with the linked Texas statutes, court rules, and court or agency material. This is general legal information, not advice about a specific case.
First, make sure Texas is the right place to file
Under §6.301, a spouse ordinarily must have lived in Texas for the previous six months and in the filing county for the previous 90 days. It is enough for either spouse to satisfy those periods. Military service, government service outside Texas, and a spouse living in another state can bring additional rules into play.
The right form set depends on the family, not just the fact that both spouses want a divorce. Minor children, an earlier custody order, a house, retirement benefits, a business, family violence, an absent spouse, or a pregnancy can change the papers and the route through court.
- Write down both spouses’ full legal names, current addresses, and the dates of marriage and separation.
- Make an early list of property and debt even when an account or title is in only one name.
- Find every existing order that concerns either spouse or a child of the marriage.
- If disclosing an address or contacting the other spouse could create danger, use a safe device and speak with a family-violence advocate or lawyer before filing.
Texas grounds for divorce
Most petitions use insupportability, Texas’s no-fault ground. In plain terms, the marriage has broken down because of conflict or discord and there is no reasonable expectation of reconciliation. Chapter 6 also recognizes cruelty, adultery, certain felony convictions, abandonment, living apart for at least three years, and confinement in a mental hospital under the conditions stated in the statute.
Choosing a fault ground can affect what must be pleaded and proved, how private facts enter the record, and how much the case costs. Some marital conduct may also be relevant to a just-and-right property division, but an allegation alone does not establish fault or guarantee a larger share of the estate.
What usually happens after the decision to divorce
1. File the Original Petition
The filing spouse opens the case with the correct clerk, pays the new-suit fee, or files a Rule 145 Statement of Inability to Afford Payment of Court Costs.
2. Give the other spouse legal notice
The respondent is served, signs a valid waiver after the petition is filed, or receives another form of notice authorized by the court. Knowing about the case is not the same as receiving legal notice.
3. Watch the answer deadline
The respondent may answer and may file a counterpetition. A missed deadline can expose the respondent to a default, although the petitioner still has to present enough proof for the requested relief.
4. Deal with the months before trial
Standing orders, agreed temporary orders, or a temporary-orders hearing may address use of the home, bills, property, parenting time, child support, and medical support while the case is open.
5. Exchange the information needed for a decision
The spouses identify income, property, debt, and child-related facts. A disputed case may require formal discovery, sworn inventories, subpoenas, appraisals, or expert work.
6. Try to settle the issues that can be settled
Negotiation and mediation can resolve all or part of a case. The terms still have to be written carefully enough to become an enforceable decree and any related orders.
7. Draft the final papers
The decree should address every property and debt issue and, if children are involved, conservatorship, possession, child support, health and dental support, and uninsured expenses.
8. Finish by prove-up or trial
An agreed divorce may end with a short prove-up under local procedure. If issues remain contested, the judge or jury decides the matters that Texas law permits each to decide.
9. Carry out the decree
After signature, the parties may still need deeds, vehicle-title documents, retirement-plan orders, account transfers, income withholding, and certified copies.
The 60-day rule does not set the finish date
Section 6.702 normally prevents the court from granting the divorce before the 60th day after filing. The wait is not required if the court makes one of two specific findings: the respondent has a qualifying family-violence conviction or deferred adjudication against the petitioner or a household member, or the petitioner has an active qualifying protective order or emergency protection order against the respondent based on family violence during the marriage.
Outside those exceptions, day 60 is the earliest legal threshold, not an appointment with the judge. Service, document exchange, appraisal, mediation, drafting, unresolved disputes, and the court’s calendar often push the final date farther out.
| Part of the case | When most terms are agreed | When terms are disputed |
|---|---|---|
| Financial records | Usually exchanged informally | Discovery and subpoenas may be needed |
| Temporary arrangements | Can often be written by agreement | May require a temporary-orders hearing |
| Final resolution | Agreed decree and prove-up | Mediation followed by a hearing or trial if needed |
| Professional cost | Often easier to budget | Rises with preparation, evidence, and hearing time |
| Timing | Still subject to the waiting period and local calendar | Depends on discovery, experts, and court availability |
Gather the records before they become hard to find
- Recent pay statements, tax returns, benefit records, and documents showing self-employment income and expenses.
- Statements for bank, investment, retirement, credit-card, loan, and mortgage accounts.
- Deeds, closing papers, vehicle titles, insurance policies, and ownership records for a business.
- Any marital agreement, estate document, and paper trail for a gift or inheritance.
- School, medical, insurance, child-care, and recurring-expense information for the children.
- A realistic monthly budget and a list of bills that cannot wait until the divorce is final.
Why two Texas divorces can cost very different amounts
The filing fee is small compared with repeated legal work. Missing records, emergency motions, temporary hearings, property tracing, appraisals, child-custody evaluations, mediation, experts, and trial preparation all add paid time. Agreement can remove much of that work, but it does not draft a reliable decree or transfer property by itself.
- Keep a running question list and use scheduled conversations for issues that are not urgent.
- Send complete, clearly named records and explain what changed when an update is necessary.
- Flag a real safety problem immediately instead of burying it in routine property questions.
- Ask whether limited-scope representation, mediation, or review of a proposed decree fits the case.
- Budget court fees, service, legal work, outside professionals, and post-decree transfers as separate categories.
Questions readers often ask
Frequently asked questions
Can I get a Texas divorce without hiring a lawyer?
Texas permits self-representation, but the filer is responsible for choosing the right forms, giving proper notice, meeting deadlines, and drafting an enforceable decree. Legal advice is especially valuable when there is family violence, disputed parenting, a missing spouse, real estate, retirement, a business, or debt that cannot be divided cleanly.
Can the judge sign a Texas divorce on day 60?
Possibly, if the 60-day wait applies and every other requirement is complete. The respondent must have received legal notice, the final papers must be ready, any required proof must be presented, and the court must have time to hear the case. The two family-violence exceptions in §6.702 can remove the wait when the court makes the required finding.
What does uncontested divorce mean in Texas?
It means the spouses agree on every issue the decree must decide. The agreement still has to cover property, debt, children, support, and transfer details accurately, and the court still must approve and sign the decree.
Which Texas county should I file in?
Usually, the case is filed in a county where either spouse meets both the six-month Texas residency period and the 90-day county period. Military families, spouses outside Texas, and interstate child-custody facts can require a separate jurisdiction and venue analysis.
Sources used for this guide
Official sources
- Texas Family Code, Chapter 6 — Divorce and annulment
See §§6.001–6.007 for grounds, §§6.301–6.304 for residency and venue, and §6.702 for the waiting period and its exceptions.
- Texas Family Code, Chapter 7 — Division of marital property
Section 7.001 gives the just-and-right division standard; the rest of the chapter addresses retirement interests, fraud on the community, and related remedies.
- Texas Judicial Branch — Court rules and forms
Use the current Texas Rules of Civil Procedure and the Supreme Court-approved Rule 145 form if court costs are unaffordable.