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Texas Divorce Petition

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Introduction

In Texas, the Original Petition for Divorce is the formal court filing one spouse submits to open a divorce case and ask a judge to end the marriage. Filing it starts the lawsuit the Texas Family Code titles a 'Suit for Dissolution of a Marriage' and asks the court to divide the couple's property and settle any related matters. Before it can be filed, at least one spouse must have been a Texas domiciliary for the preceding six-month period and a resident of the filing county for the preceding 90 days (Tex. Fam. Code § 6.301), and even once the suit is on file, the court may not grant the divorce before the 60th day after the filing date (Tex. Fam. Code § 6.702). Most Texans proceed on the no-fault ground of insupportability under § 6.001, meaning discord or a conflict of personalities has destroyed the legitimate ends of the marriage with no reasonable expectation of reconciliation. The Family Code also preserves fault grounds such as cruelty (§ 6.002), adultery (§ 6.003), felony conviction (§ 6.004), abandonment (§ 6.005), living apart three years (§ 6.006), and confinement in a mental hospital (§ 6.007). The Petitioner files in the district court, and because Texas is a community-property state, the court divides the marital estate in a manner it considers 'just and right' under § 7.001.

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Key Things to Know

  1. 1

    Texas gives its opening pleading a specific name: the Original Petition for Divorce is the written document one spouse files with the court to begin a divorce case. Filing it opens the suit and asks the court to dissolve the marriage and resolve property and any child-related issues.

  2. 2

    Residency is jurisdictional: 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 county where the suit is filed for the preceding 90-day period before you can file.

  3. 3

    There is a mandatory 60-day cooling-off period. Tex. Fam. Code § 6.702 bars the court from granting a divorce before the 60th day after the date the Original Petition for Divorce was filed.

  4. 4

    Texas allows both no-fault and fault divorce: the no-fault ground is 'insupportability' under § 6.001 (discord that destroys the legitimate ends of the marriage), while fault grounds include cruelty (§ 6.002), adultery (§ 6.003), felony conviction (§ 6.004), abandonment (§ 6.005), living apart 3 years (§ 6.006), and confinement in a mental hospital (§ 6.007).

  5. 5

    Texas is a community-property state: community property is defined in Tex. Fam. Code § 3.002, and the court orders a division of the estate in a manner that is 'just and right' under § 7.001, not necessarily a 50/50 split.

  6. 6

    The initial form is the 'Original Petition for Divorce,' filed as a Suit for Dissolution of a Marriage in the District Court (in many counties a designated Family District Court) of the county of residence, and Texas serves the respondent with a 'Citation' (not a 'summons') to give notice of the suit.

  7. 7

    Filing fees run approximately $300 and vary by county, typically in the $250 to $350 range, and low-income filers can ask the court for a fee waiver.

Key decisions before you file

Before you file a Divorce Petition in Texas, a few decisions shape the document: which option to choose and what each one means. The Divorce Petition guide walks through them.

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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.

Texas Requirements for Divorce Petition

Residency (State)

Spouses must meet the residency requirement: At least one spouse must have been a domiciliary of Texas for the preceding 6-month period and a resident of the county in which the suit is filed for the....

Residency (County)

Must file in the correct county District Court in many.

Grounds for Divorce

Must properly plead grounds: No-fault + fault. The no-fault ground is 'insupportability' , that the marriage has become insupportable because of discord or conflict of personalities that destroys the legitimate ends of the marriage....

Waiting Period

Mandatory waiting period: The court may not grant a divorce before the 60th day after the date the suit was filed (Tex. Fam.....

Required Forms

Must file correct state forms: Initial petition: 'Original Petition for Divorce.' Texas uses a 'Citation' (issued and served on the....

Property Division

Property is divided according to: Community property. Community property is defined in Tex. Fam. Code § 3.002, and the court... laws.

Filing Fee

Filing fee is typically Approximately $300 (varies by county, typically ~$250,$350). unless waived.

Service of Process

The Respondent must be properly served with the summons and petition.

Frequently Asked Questions

In Texas, the divorce petition is the 'Original Petition for Divorce,' the written pleading one spouse files with the district court to open a divorce case. Filing it starts the action the Family Code calls a 'Suit for Dissolution of a Marriage' and asks the court to end the marriage, divide the community estate, and address any children. The filing spouse is the Petitioner and the other spouse is the Respondent, who is notified by a Citation.

In Texas they describe the same case. 'Divorce' is the everyday term, while the Texas Family Code (Chapter 6) formally titles the action a 'Suit for Dissolution of a Marriage.' The divorce petition, called the 'Original Petition for Divorce,' is simply the document that opens that dissolution suit. So filing a divorce petition and seeking a dissolution of marriage are two names for the same Texas process, not separate procedures.

At least one spouse must have been a domiciliary of Texas for the preceding 6-month period and a resident of the county in which the suit is filed for the preceding 90-day period before you can file (Tex. Fam. Code § 6.301). These residency thresholds are jurisdictional, so the district court cannot hear the case unless one spouse meets both.

Texas allows both no-fault and fault grounds. The no-fault ground is 'insupportability' under § 6.001, meaning discord or a conflict of personalities has destroyed the legitimate ends of the marriage with no reasonable expectation of reconciliation. Fault grounds include cruelty (§ 6.002), adultery (§ 6.003), felony conviction (§ 6.004), abandonment (§ 6.005), living apart at least three years (§ 6.006), and confinement in a mental hospital (§ 6.007).

No. Spouses are not required to live separate and apart before filing when seeking a no-fault divorce on the ground of insupportability. Living apart without cohabitation for at least three years is a separate optional fault ground under § 6.006, not a general prerequisite to filing.

The court may not grant a divorce before the 60th day after the date the suit was filed (Tex. Fam. Code § 6.702). That 60-day cooling-off period is the earliest a case can finalize, and many divorces take longer depending on the county, contested issues, and the complexity of the property and any children.

Texas follows community-property rules. Community property is defined in Tex. Fam. Code § 3.002, and the court divides the marital estate in a manner that is 'just and right' under § 7.001. That standard is not necessarily a 50/50 split; the court can weigh factors such as fault, earning capacity, and the needs of any children.

Yes. A Texas divorce does not require the other spouse's agreement. As long as you properly serve the Respondent with the Citation, the case can move forward, and the court can grant a default judgment if the Respondent fails to answer or participate.