How to File for Divorce in Texas (2026)
Reviewed by DocDraft Legal Team · Texas · Last updated 2026-05-18
Divorce in Texas is governed by Texas statute, not a generic national process. The state uses community property (assets acquired during the marriage are owned equally) for dividing assets and recognizes a divorce available on insupportability. Residency matters from the start here: 6 months in the state and 90 days in the county before filing. Below are the Texas requirements, forms, and code sections that actually apply, anchored to Tex. Fam. Code § 6.001.
Key Considerations
When a Texas court divides what a couple owns, it applies the community-property rule. Community property: everything either spouse acquires during marriage other than separate property is community; the court makes a 'just and right' division and often deviates from 50/50 for fault, earning disparity, or a large separate estate; separate property (pre-marriage, gift, or inheritance) cannot be divided. The controlling authority is Tex. Fam. Code § 3.002; Tex. Fam. Code § 7.001; Tex. Fam. Code § 3.001.
For ongoing support, the maintenance rule is narrow: generally only if the marriage lasted at least 10 years and the seeking spouse cannot meet minimum reasonable needs, or in family-violence or disability cases. Duration is capped (5 years for 10-20 year marriages, 7 for 20-30, 10 for 30-plus) and the amount is capped at the lesser of $5,000 or 20% of the obligor's average gross monthly income Tex. Fam. Code § 8.051; Tex. Fam. Code § 8.054; Tex. Fam. Code § 8.055 sets the rule.
Child support uses a percentage-of-income model: 20% of net resources for one child scaling to 40% for five or more, applied to net monthly resources up to a statutory cap (currently $9,200 per month per the Office of the Attorney General; the cap is statutorily indexed, re-verify) The guideline lives at Tex. Fam. Code § 154.125, with the official calculator.
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Relevant Documents
In Texas, Original Petition for Divorce. The Texas Supreme Court has approved a set of forms for uncontested no-property divorces (Set A: FM-DivA-100 for cases without minor children and agreed; Set B: FM-DivB-100 for cases with children, see TexasLawHelp listing) under Misc. Docket No. 13-9085. Contested or property-divided cases use a petitioner-drafted Original Petition for Divorce; counties accept the form drafted by the petitioner. Filed in the district court of either spouse's county of residence.
Child Support Worksheet
This document calculates the appropriate amount of child support based on both parents' incomes, the custody arrangement, and other factors.
Final Decree of Divorce
This is the final court order that legally ends your marriage and includes all the terms of your divorce including property division, support, and child custody arrangements.
Financial Disclosure Declaration
Both spouses must complete this document detailing all assets, debts, income, and expenses to ensure fair division of property and appropriate support amounts.
Marital Settlement Agreement
This document outlines the terms of your divorce agreement including property division, debt allocation, spousal support, and child custody arrangements if applicable.
Parenting Plan
If you have children, this document details the custody arrangement, visitation schedule, and decision-making responsibilities for the children.
Qualified Domestic Relations Order (QDRO)
This document is necessary if you need to divide retirement accounts or pension benefits between spouses as part of the divorce settlement.
Response to Petition for Dissolution
If you're the responding spouse, this document allows you to answer the claims in the petition and state your own requests regarding the divorce terms.
Summons
This document notifies your spouse that a divorce action has been filed and that they have a certain amount of time to respond.
Wage Withholding Order
This document directs an employer to withhold child support or spousal support payments from a spouse's paycheck.
Relevant Laws
Texas Family Code § 6.001 - Insupportability
Texas is a no-fault divorce state, meaning you can file for divorce based on 'insupportability' without proving wrongdoing. This is the most common ground for divorce in Texas, requiring only that the marriage has become insupportable due to discord or conflict of personalities that destroys the legitimate ends of the marriage relationship with no reasonable expectation of reconciliation.
Texas Family Code § 6.301 - Residency Requirement
To file for divorce in Texas, either you or your spouse must have been a resident of Texas for at least six continuous months before filing, and a resident of the county where you file for at least 90 days. This residency requirement must be met before the court has jurisdiction to grant a divorce.
Texas Family Code § 6.702 - Waiting Period
Texas has a mandatory 60-day waiting period from the date of filing before a divorce can be finalized. This 'cooling off' period applies even if both spouses agree to all terms, though there are rare exceptions for cases involving domestic violence.
Texas Family Code § 7.001 - Division of Marital Property
Texas is a community property state, meaning the court will divide marital property in a 'just and right' manner, which doesn't necessarily mean equal. All property acquired during marriage is presumed to be community property, while separate property (acquired before marriage or by gift or inheritance) remains with the original owner.
Texas Family Code § 153.002 - Best Interest of the Child
In all child custody matters, Texas courts make decisions based on the 'best interest of the child' standard. This governs all decisions regarding conservatorship (custody), possession (visitation), and access to children in a divorce proceeding.
Texas Family Code § 154.001 - Child Support Obligation
Texas law requires both parents to support their children financially. The court will order child support based on a percentage of the non-custodial parent's net resources according to statutory guidelines, which typically range from 20% for one child up to 40% for five or more children.
Texas Family Code § 8.051 - Spousal Maintenance Eligibility
Texas has strict requirements for spousal maintenance (alimony). To qualify, the marriage must generally have lasted 10+ years, or there must be family violence, disability, or a child with disability requiring care. Even when granted, payments are typically limited in amount and duration.
Regional Variances
Major Metropolitan Areas
Harris County has specific local rules for divorce cases, including mandatory parenting classes for divorcing couples with children. The county also uses a specialized family court system with specific intake procedures. Cases typically move faster in Harris County compared to rural areas, but the high volume can sometimes cause delays.
Dallas County requires mediation before a final trial in most divorce cases. The county has specific local forms that must be used in addition to state forms. Dallas also has specialized courts for family law matters with unique scheduling procedures and standing orders that automatically go into effect when filing.
Travis County has particularly detailed standing orders that automatically apply to all parties in a divorce case. These orders are more comprehensive than many other counties and restrict parties' conduct regarding children, property, and communication during the pendency of the divorce.
Bexar County requires specific financial information forms that differ slightly from other counties. The county also has unique procedures for uncontested divorces that can expedite the process if both parties are in agreement on all issues.
Border Counties
El Paso County faces unique cross-border issues in divorce cases, particularly regarding child custody and property located in Mexico. The county has specialized procedures for international service of process and enforcement of orders across international boundaries.
Webb County divorce cases often involve unique considerations for binational families. The courts have developed specific protocols for handling cases where one spouse may reside in Mexico, including special provisions for virtual court appearances and document authentication.
Rural Counties
Many rural East Texas counties have more limited court schedules for family law matters, with some district judges only hearing family cases on specific days of the month. This can result in longer timeframes for divorce proceedings. These counties may also be more traditional in their approach to property division and custody arrangements.
In sparsely populated West Texas counties, divorces may be handled by county judges rather than district judges in some instances. Local practices tend to be less formal, and there may be fewer resources available for alternative dispute resolution compared to urban areas.
Property Division Variations
Counties in the Permian Basin and Eagle Ford Shale regions often deal with complex property division issues related to mineral rights and oil royalties. Local courts have developed expertise in valuing these assets and may have specialized procedures for handling mineral interests in divorce proceedings.
Rural counties with significant agricultural activity have developed specific approaches to handling family farms and ranches in divorce proceedings. These courts often work to preserve the operational viability of agricultural businesses while ensuring equitable division.
Suggested Compliance Checklist
Verify jurisdiction first: 6 months in the state and 90 days in the county before filing
Before filing days after startingThis is set by Tex. Fam. Code § 6.301.
State the grounds
Before filing days after startingNo-fault on insupportability; fault grounds (cruelty, adultery, abandonment, felony conviction) also available (Tex. Fam. Code § 6.001).
Open the case by filing the petition
At filing days after startingOriginal Petition for Divorce. The Texas Supreme Court has approved a set of forms for uncontested no-property divorces (Set A: FM-DivA-100 for cases without minor children and agreed; Set B: FM-DivB-100 for cases with children, see TexasLawHelp listing) under Misc. Docket No. 13-9085. Contested or property-divided cases use a petitioner-drafted Original Petition for Divorce; counties accept the form drafted by the petitioner. Filed in the district court of either spouse's county of residence. The filing fee is approximately $300 to $350 depending on county. A fee waiver is available: Fee waiver via Statement of Inability to Afford Payment of Court Costs under Tex. R. Civ. P. 145.
Handle service and disclosure
After filing days after startingAfter filing, serve the other spouse and trade the required financial disclosures so the court can rule on property and support.
Calendar the statutory timeline
After filing days after starting60 days from the date the petition is filed before the court can grant the divorce; limited exceptions for family-violence convictions or an active protective order. See Tex. Fam. Code § 6.702.
Obtain the final judgment
Final step days after startingAfter timing and any custody, support, and property terms are settled, the court signs the decree of dissolution.
| Task | Description | Document | Days after starting |
|---|---|---|---|
| Verify jurisdiction first: 6 months in the state and 90 days in the county before filing | This is set by Tex. Fam. Code § 6.301. | - | Before filing |
| State the grounds | No-fault on insupportability; fault grounds (cruelty, adultery, abandonment, felony conviction) also available (Tex. Fam. Code § 6.001). | - | Before filing |
| Open the case by filing the petition | Original Petition for Divorce. The Texas Supreme Court has approved a set of forms for uncontested no-property divorces (Set A: FM-DivA-100 for cases without minor children and agreed; Set B: FM-DivB-100 for cases with children, see TexasLawHelp listing) under Misc. Docket No. 13-9085. Contested or property-divided cases use a petitioner-drafted Original Petition for Divorce; counties accept the form drafted by the petitioner. Filed in the district court of either spouse's county of residence. The filing fee is approximately $300 to $350 depending on county. A fee waiver is available: Fee waiver via Statement of Inability to Afford Payment of Court Costs under Tex. R. Civ. P. 145. | divorce-petition | At filing |
| Handle service and disclosure | After filing, serve the other spouse and trade the required financial disclosures so the court can rule on property and support. | - | After filing |
| Calendar the statutory timeline | 60 days from the date the petition is filed before the court can grant the divorce; limited exceptions for family-violence convictions or an active protective order. See Tex. Fam. Code § 6.702. | - | After filing |
| Obtain the final judgment | After timing and any custody, support, and property terms are settled, the court signs the decree of dissolution. | - | Final step |
Frequently Asked Questions
6 months in the state and 90 days in the county before filing. This is set by Tex. Fam. Code § 6.301.
No-fault on insupportability; fault grounds (cruelty, adultery, abandonment, felony conviction) also available. The governing statute is Tex. Fam. Code § 6.001.
Texas uses community property (assets acquired during the marriage are owned equally). Community property: everything either spouse acquires during marriage other than separate property is community; the court makes a 'just and right' division and often deviates from 50/50 for fault, earning disparity, or a large separate estate; separate property (pre-marriage, gift, or inheritance) cannot be divided. See Tex. Fam. Code § 3.002; Tex. Fam. Code § 7.001; Tex. Fam. Code § 3.001.
approximately $300 to $350 depending on county. Fee waiver via Statement of Inability to Afford Payment of Court Costs under Tex. R. Civ. P. 145
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