Texas Divorce Laws
Go to another Texas divorce page.

 

Texas Grounds for Divorce.
Texas is a "no-fault" divorce state, and they will grant your divorce, without regard to fault, based on the grounds that the marriage has become insupportable because of discord or conflict of personalities that destroys the legitimate ends of the marital relationship and prevents any reasonable expectation of reconciliation.

Texas also has the following fault-based grounds for divorce:

(1) Cruelty
(2) Adultery
(3) Conviction of a felony
(4) Abandonment
(5) Living apart for at least three years
(6) Confinement in a mental hospital

-From §6.001-6.007 of the Texas Family Code.

 

Texas Residency Laws.
In order to file for divorce in Texas, either the petitioner or respondent must be domiciled in the state of Texas for at least six months, and reside in the county where the divorce is being filed for at least 90 days, before filing the divorce petition.

Military residency - If a Texas resident has spent time outside the state while serving in the military, that time is considered residency in the state of Texas for purposes of filing for divorce. A person not previously a resident of this state who is serving in the military in this state for at least the last six months and at a military installation in a county of this state for at least the last 90 days is considered to be a Texas domiciliary and a resident of that county for those periods for the purpose of filing suit for dissolution of a marriage.

-From §6.301-304 of the Texas Family Code.

 

Filing Divorce in Texas.
After filing the divorce papers with the court, in an uncontested case, you will "serve" your spouse by mail or hand-delivery. Formal service by process server or sheriff is not required in uncontested cases. Your spouse will sign a form stating that he or she has received the papers, and that form will be filed with the court.

 

Texas Final Divorce Hearing.
An uncontested divorce is finalized during a hearing. The court regularly holds uncontested dockets, where many uncontested divorces are granted during the same hearing. You will either schedule a specific time and date to come for the hearing, or you can show up during any of the times when the court regularly holds the uncontested docket. The specific procedure will depend on the scheduling procedure in the county where you file.

Learn more about the divorce procedure.

 

Waiting Period Before Divorce is Finalized in Texas.
The court may not grant a divorce before the 60th day after the date the divorce was filed. Except as otherwise provided by law, neither party to a divorce may marry a third party before the 31st day after the date the divorce is decreed.

-From §6.702 and §6.801 of the Texas Family Code.

 

Additional Information.
In the final divorce decree, the court may grant either party the use of a previous name if requested.

-From §6.706 of the Texas Family Code.

 

If your divorce is uncontested, we would love to guide you through the process from beginning to end. Learn more about how our uncontested divorce services can help you through your divorce.

Go to another Texas Divorce Page:
General Texas Divorce Laws
Texas Alimony Laws
Texas Child Custody Laws
Texas Child Support Laws
Texas Divorce Laws and Property Division

 

© Help Yourself Divorce 2002-2008

 

IMPORTANT: Help Yourself Divorce is a paralegal service, not a law firm. Please don't rely on this information for legal advice. Seek help from an attorney if you need legal advice.

This information has been summarized from the Texas statutes. You can find the full-text version of these and other Texas divorce statutes online here: Texas Divorce Laws.