The Divorce Process in Texas

Texas offers both no-fault and fault-based divorce. The most common ground is "insupportability" — the no-fault ground stating that the marriage has become insupportable because of discord or conflict that destroys the legitimate ends of the marital relationship with no reasonable expectation of reconciliation. Texas also provides fault grounds: cruelty, adultery, conviction of a felony with imprisonment of at least one year, abandonment for one year, living apart for at least three years, and confinement to a mental hospital. Proving fault can influence property division — a spouse who proves the other's adultery or cruelty may receive a disproportionate share of community property. You must meet residency requirements: at least one spouse must have been a Texas resident for at least 6 months and a resident of the county where you file for at least 90 days.

Texas has a mandatory 60-day waiting period from the date the petition is filed. The divorce cannot be finalized before 60 days have elapsed — no exceptions for agreement or simplicity. This "cooling-off" period is shorter than California's 6 months but longer than some states with no waiting period. During this 60-day period, you can negotiate settlement, exchange financial information, and prepare all paperwork. If everything is agreed upon, you can finalize the divorce on day 61. For cases involving family violence, the 60-day waiting period can be waived if there is an active protective order or if the respondent has been convicted of a family violence offense against the petitioner or a household member.

**Step 1 — File the Original Petition for Divorce.** File in the district court in the county where you or your spouse has resided for at least 90 days. Filing fee is $300-$350 depending on the county. Include Form VS-164 (Texas Vital Statistics). **Step 2 — Serve your spouse.** Personal service by a sheriff, constable, or private process server is required unless your spouse signs a Waiver of Service. After service, your spouse has until the Monday after 20 days to file an Answer. **Step 3 — Wait the 60-day period.** The court cannot finalize the divorce until at least 60 days after the petition was filed. **Step 4 — Negotiate or litigate.** If agreed, prepare a Final Decree of Divorce and attend a brief "prove-up" hearing. If contested, the case proceeds through temporary orders, discovery, mediation (often required), and potentially trial. **Step 5 — Final hearing.** For agreed divorces, one spouse attends a brief hearing to testify that the marriage is insupportable. The judge signs the decree and the divorce is final immediately.