Divorce in Texas
Thinking about ending your marriage in Texas? You're not alone. Each year, over 75,000 Texans file for divorce—and while the process can feel overwhelming, Texas law offers a clear, no-fault path to help you take control of your future. Whether you’ve been married for a few months or decades, you have the right to legally separate, with or without your spouse’s agreement.
Texas divorce doesn’t require finger-pointing. You can file based on insupportability—a legal term meaning the marriage can no longer continue due to conflict or breakdown. No need to prove cheating, abuse, or fault (unless you're pursuing a fault-based case for strategic reasons like property division or custody).
Do I need my spouse’s permission to file?
Nope. In Texas, you can file for divorce without your spouse’s consent. They can’t stop the process—even if they don’t respond or participate.
How long does the divorce process take in Texas?
The legal minimum is 60 days after you file, but most divorces take longer—especially if there are disagreements over children, property, or finances. On average, expect 4 to 12 months.
I just moved to Texas. Can I file for divorce now?
Only if you’ve lived in Texas for at least 6 months and in your county for at least 90 days. If you don’t meet the residency requirement yet, you’ll need to wait until you do.
Legal Process
Step 1: Start the Case
File your Petition for Dissolution of Marriage and pay the court fee.
Step 2: Notify Your Spouse
Legally serve your spouse with the divorce papers and proof of service.
Step 3: Financial Disclosures
Both parties must share details on assets, debts, income, and expenses
Step 4: Settle or Go to Court
Agree on key issues (property, custody, support) or let a judge decide.
Step 5: Finalize the Divorce
Submit your final paperwork after the 6-month waiting period. The court will then issue your divorce judgment.