Texas Divorce Petition

Filing a Divorce Petition in Texas

A Texas divorce begins with an Original Petition for Divorce, the pleading the Family Code formally titles a 'Suit for Dissolution of a Marriage' (Chapter 6). The Petitioner files it in the District Court, in many counties a designated Family District Court, of the county of residence, and the court issues a Citation (Texas's version of a summons) that is served on the Respondent to give notice of the suit. Expect a filing fee of roughly $300, which varies by county but generally falls between $250 and $350.

Residency You Must Establish

Residency is jurisdictional, not a formality. Under Tex. Fam. Code § 6.301, at least one spouse must have been a domiciliary of Texas for the preceding 6-month period and a resident of the filing county for the preceding 90-day period. If neither spouse clears both thresholds, the district court cannot hear the case, so verify domicile and county residency before you draft the petition. Keep proof such as a driver's license, voter registration, or utility bills in case the court questions the timeline.

Choosing Your Grounds

Texas recognizes both no-fault and fault grounds. Most Petitioners plead insupportability under § 6.001, meaning discord or a conflict of personalities has destroyed the legitimate ends of the marriage and prevents any reasonable expectation of reconciliation. Insupportability carries no separation prerequisite, so spouses need not live apart before filing. The Code also preserves fault grounds, cruelty (§ 6.002), adultery (§ 6.003), felony conviction (§ 6.004), abandonment (§ 6.005), living apart at least 3 years (§ 6.006), and confinement in a mental hospital (§ 6.007), which can influence the property division. Living apart three years is itself an optional fault ground, not a general requirement.

The 60-Day Waiting Period

Even an agreed divorce cannot be rushed. Tex. Fam. Code § 6.702 provides that the court may not grant a divorce before the 60th day after the date the suit was filed. That statutory cooling-off period sets the earliest possible finalization date, so calendar it from your file-stamp date and use the interval to negotiate terms and complete required disclosures.

Dividing a Community-Property Estate

Texas is a community-property state. Community property is defined in § 3.002, and at dissolution the court orders a division of the estate in a manner it considers 'just and right' under § 7.001. 'Just and right' does not mandate a 50/50 split. The court weighs factors such as fault, earning capacity, and the needs of any children, so accurately characterizing separate versus community assets in your petition matters.

Putting It Together

A well-drafted Texas petition names the correct parties (Petitioner and Respondent), pleads valid grounds, confirms § 6.301 residency, and requests a just-and-right division. To prepare your filing, start with a state-specific divorce petition and tailor each section to the Texas Family Code provisions above. Doing so keeps your suit procedurally sound from the day the Citation issues through the 60-day mark and final decree.