What are the requirements for a divorce in Texas?

texas divorce requirements

Navigating the Lone Star Divide: Demystifying the Requirements for Divorce in Texas


Divorce is a deeply personal and often complex journey that many individuals find themselves embarking upon. In the vast landscape of the United States, each state has its own set of laws and regulations governing the process of divorce. Texas, the Lone Star State, holds its unique set of requirements for divorce that individuals need to understand before initiating this life-altering process. In this article, we’ll explore the key requirements for divorce in Texas, shedding light on the legal aspects and considerations that anyone considering divorce in the state should be aware of.

Residency Requirements
One of the fundamental prerequisites for filing for divorce in Texas is meeting the residency requirement. Either you or your spouse must have lived in the state for at least six months before initiating the divorce proceedings. Additionally, you must have resided in the county where you plan to file for divorce for at least 90 days. These residency requirements ensure that the Texas courts have the jurisdiction to handle your divorce case.

Grounds for Divorce
In Texas, divorces can be classified into two main categories: no-fault and fault-based. For a no-fault divorce, you can simply cite “insupportability,” which means that the marriage has become insupportable due to discord or conflict that cannot be reconciled. This implies that there are irreconcilable differences between you and your spouse, making the continuation of the marriage unfeasible.

Alternatively, you can opt for a fault-based divorce, where you would need to provide evidence of specific grounds for divorce, such as cruelty, adultery, conviction of a felony, abandonment, living apart for at least three years, or confinement in a mental institution.

Property Division
Texas follows the principle of “community property” when it comes to property division during a divorce. This means that any assets acquired during the marriage, with a few exceptions, are considered community property and are subject to a just and right division between the spouses. However, it’s important to note that “just and right” doesn’t always mean a 50/50 split; it is a division that the court considers fair given the circumstances.

Child Custody and Support
When children are involved, issues of child custody and support become paramount. Texas courts prioritize the best interests of the child when making decisions regarding conservatorship (custody) and possession and access (visitation). Joint managing conservatorship is often favored, allowing both parents to share the rights and responsibilities for the child’s upbringing.

Child support is determined based on statutory guidelines that take into account the noncustodial parent’s income, the number of children, and other relevant factors. This support is meant to ensure that the child’s financial needs are met even after the parents’ separation.

Waiting Period
After filing for divorce in Texas, there is a mandatory waiting period of 60 days before the court can finalize the divorce. This waiting period serves as a cooling-off period, giving couples an opportunity to reconsider their decision and potentially explore alternatives such as marriage counseling or mediation.

Mediation and Counseling
Texas courts encourage mediation and counseling as means to amicably resolve disputes during divorce proceedings. Mediation provides a platform for couples to negotiate and settle issues like property division and child custody outside of court. Additionally, couples with minor children are often required to attend parenting classes to promote effective co-parenting and the well-being of the children involved.


Divorce is a significant life transition that requires careful consideration and understanding of the legal requirements in the state where you reside. In Texas, the residency requirements, grounds for divorce, property division, child custody and support, waiting period, and emphasis on mediation play critical roles in shaping the divorce process. Navigating through these intricacies can be challenging, but with the right guidance, support, and legal counsel, individuals can navigate the path to a new chapter in their lives while upholding their rights and ensuring the well-being of their loved ones

Jesus R. Lopez

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