Texas Divorce Self-Help Tools

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The basics

Texas divorce at a glance

How property is divided Community property — divided in a 'just and right' manner, not always 50/50 (Texas Family Code § 7.001)
Filing fee ~$250-$400 in most counties · varies by county
Residency requirement 6 months in Texas and 90 days in the filing county (Texas Family Code § 6.301)
Waiting period 60 days after filing (Texas Family Code § 6.702)
Fault required? No — insupportability is sufficient (Texas Family Code § 6.001-6.008); fault-based grounds also exist
Mediation Not required by statute, but often used and can be mandated by courts in contested cases
Typical uncontested cost ~$1,500-$4,000 · Contested: $10,000+

Common questions

What people ask us

How long does a divorce take in Texas?

A Texas divorce has a mandatory 60-day waiting period after the initial petition is filed before it can be finalized (Texas Family Code § 6.702). Uncontested divorces can often be completed within 3-4 months, while contested cases can take much longer, from several months to over a year, depending on the complexity of issues like property division and child custody.

Do I need a lawyer to get divorced in Texas?

While it is legally possible to file for divorce without an attorney in Texas, it is generally not recommended, especially if there are children, significant assets, or disagreements. Texas divorce laws are complex, and an attorney can ensure your rights are protected and that all necessary paperwork is correctly filed.

Is Texas a no-fault divorce state?

Yes, Texas is primarily a no-fault divorce state. The most common ground for divorce is "insupportability," meaning the marriage has become insupportable because of discord or conflict that destroys the legitimate ends of the marital relationship and prevents any reasonable expectation of reconciliation (Texas Family Code § 6.001). However, Texas law also allows for fault-based grounds such as cruelty, adultery, and abandonment.

How is property divided in Texas divorce?

Texas is a community property state. In a divorce, the court will order a division of the marital estate in a manner that the court deems "just and right," having due regard for the rights of each party and any children of the marriage (Texas Family Code § 7.001). This does not necessarily mean a 50/50 split, but rather an equitable division based on various factors.

What are the rules for spousal maintenance (alimony) in Texas?

In Texas, spousal maintenance (often referred to as alimony) is not automatically awarded and is generally limited. A court may order maintenance if a spouse lacks sufficient property to provide for their minimum reasonable needs and meets certain criteria, such as being married for at least 10 years and lacking the ability to earn sufficient income, or if there was family violence. The duration and amount of maintenance are subject to statutory limits (Texas Family Code Chapter 8).

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