Divorce in Texas
State-specific overview · Family Law
Texas requires a 60-day waiting period and recognizes only no-fault divorce based on insupportability.
How Texas treats Divorce
Texas mandates a 60-day waiting period from the date the divorce petition is filed before a final decree can be granted, unless waived by both spouses. The state recognizes only no-fault divorce grounds (insupportability, meaning the marriage has become insupportable due to discord or conflict), though cruelty and abandonment are also recognized grounds. Texas is a community property state, meaning most property acquired during marriage is divided equally between spouses. Child support and spousal maintenance follow statutory guidelines based on income and other factors.
The general definition of Divorce
The legal dissolution of a marriage, ending the spouses' rights and responsibilities to each other.
Divorce is the legal process by which a married couple ends their marriage. It involves a court officially terminating the marriage and typically requires decisions about property division, spousal support, child custody, and child support. The process can be contested, where the spouses disagree on terms, or uncontested, where they agree on the major issues. Once a divorce is finalized, both parties are free to remarry and are no longer legally responsible for each other.
Read the full Divorce entry →This page is a plain-English reference and is not legal advice. State laws change frequently. For specific situations consult a licensed attorney in Texas.