How do I file for divorce in Texas?

Texas divorce is governed by the Family Code, Chapter 6. Here is the process.

1. Residency Requirements — At least one spouse must have lived in Texas for 6 months and in the filing county for 90 days.

2. Grounds — Texas is primarily no-fault, citing 'insupportability' (discord and conflict that prevent reconciliation). Fault grounds also exist: cruelty, adultery, felony conviction, abandonment of 1+ year, living apart 3+ years, and confinement in a mental hospital.

3. Required Forms — File the Original Petition for Divorce. If children are involved, include a Suit Affecting Parent-Child Relationship (SAPCR). A Civil Case Information Sheet is also required.

4. Filing Fee — Approximately $300–$350 depending on county. Indigency affidavits available.

5. Service of Process — Personal service via constable, sheriff, or private process server. The respondent has until the Monday following 20 days after service to answer.

6. Waiting Period — Texas imposes a mandatory 60-day cooling-off period from filing before a final decree can be signed (waivable only for family violence).

7. Property Division — Texas is a community property state. Property acquired during marriage is community and divided in a 'just and right' manner — not necessarily 50/50. Separate property is excluded.

8. Final Decree — A Final Decree of Divorce signed by the judge ends the marriage. Either a 'prove-up' hearing or agreed decree is required.

This is legal information, not legal advice.