Each state has its own specific rules governing the divorce process, and Texas divorce laws are no exception. The laws are not unusual or complicated and can be summarized as follows.

To obtain a divorce in Texas, both spouses should have lived in the state for a minimum of 6 months and at least one of the spouses should have lived in the county for at least 90 days.

The divorce process may be done on a do-it-yourself basis, online or through a divorce lawyer. The petition for divorce must be filed in the District Court of the county where any one of the spouses resides.

Legal separation is not recognized in Texas divorce laws. However, the party filing for a divorce can ask the court to issue a temporary restraining order preventing either of the divorcing parties from altering the status quo. This TRO prevents a spouse from disposing of assets or harassing the other spouse while the divorce proceedings are ongoing.


Divorce may be granted on a fault basis for cruelty, adultery, conviction for a felony, abandonment, confinement in a mental institution or physical separation without cohabitation for a minimum period of 3 years. On a no-fault basis, divorce may be granted for irreconcilable differences between the spouses.

A divorce can only be between a man and a woman, according to the constitution and laws of the state of Texas which does not allow for divorce between gay couples. This has been challenged and two Texas appellate courts have issued contradictory positions. The issue is still being debated and may eventually have to be decided by the US Supreme Court. In certain cases, military personnel stationed outside of Texas may get a divorce in the state.

Texas divorce laws dictate that divorce cannot be granted without a distribution of property and the awarding of custody of the children if there are any. These are all handled in one court proceeding.

Once filed, the petition for divorce is assigned to a court for disposition. If the divorcing spouses and their lawyers agree to complete settlement out of court under the Collaborative Law of Texas, no trial or hearings are necessary. Otherwise, the case is submitted for trial.

If the divorcing spouses cannot reach an agreement on all the issues, the Court may require them to submit to mediation before the trial is held. A third-party mediator helps the couple try to reach an agreement on the contentious issues.

As part of the divorce action, the wife may request that her name be reverted to her maiden name, or the names of the children from a previous marriage to the original ones.

In case mediation fails, the case then goes trial and the judge decides on the issues. Based on the judge’s decision, the parties prepare a written Decree of Divorce which the judge signs after at least one of the divorcing spouses appears before him and makes a sworn statement.

In theory, Texas divorce laws state the process takes 60 days to complete from the time the petition for divorce is filed.

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