Texas residency requirements for divorce

To file for divorce in Texas, at least one spouse must have lived in Texas for the past 6 months and in the county where you’re filing for the past 90 days. The state uses these rules to make sure Texas courts have proper jurisdiction and to discourage people from filing in a state just because they think the outcome will be better there.

You usually prove residency with ordinary documents that show you’ve actually been living in Texas: things like a Texas driver’s license, a lease, pay stubs, utility bills, or voter registration. If neither spouse meets the residency requirements yet, you may have to wait to file in Texas, even if you got married here or own property in the state.

Grounds for divorce in Texas

Texas recognizes both no-fault and fault-based grounds for divorce. That gives you flexibility, but it also means your filing choices can affect how contested or cooperative the case becomes.

No-fault divorce: Insupportability

Insupportability is the most common ground for divorce in Texas. It’s essentially the idea that the marriage can’t continue because of conflict or discord, making reconciliation unrealistic. The key point is that you don’t have to prove wrongdoing. You’re not asking the judge to decide who’s to blame; you’re simply saying the marriage isn’t workable anymore.

For a lot of people, that lowers the temperature. It can also keep the process more private and less emotionally draining, especially if you’re trying to co-parent or resolve things through settlement.

Fault-based grounds

Texas also allows fault-based divorce, which means you file alleging specific conduct. These grounds include cruelty, adultery, felony conviction, abandonment, living apart, and confinement in a mental hospital, among others.

Fault can matter most when property is being divided because Texas judges can consider fault when deciding what’s just and right. So while fault doesn’t automatically win you the divorce, it can influence the overall financial outcome in some cases.

Community property division in Texas

Texas is a community property state, but the court’s job isn’t to split everything perfectly down the middle. The judge must divide the community estate in a way that’s fair under the circumstances, using the just and right standard. That’s why two divorces that look similar at a glance can still end with different division outcomes.

Community property division

Community property generally includes assets and debts acquired during the marriage, even if only one spouse earned the income or only one spouse’s name is on an account. The starting assumption in Texas is that property possessed during marriage is community property unless someone proves it’s separate.

That’s why it’s not just about what you own, it’s about when and how it was acquired. Retirement accounts, businesses that grew during the marriage, and even debts can become part of the community estate.

Separate property division

Separate property usually includes what you owned before marriage, as well as gifts and inheritances made to you alone during the marriage. Certain personal injury recoveries can also be treated as separate, and you may also have separate property if a valid prenup or postnup says so. Separate property isn’t divided in the divorce, but you generally have to prove it’s separate.

Where people run into trouble is when they commingle. If separate funds and marital funds get mixed together over time, it can become harder to trace what’s separate, and that can create real disputes.

Factors affecting property division

When the court decides what’s just and right, it can consider a range of practical factors. This can include differences in income and future earning capacity, the needs of the spouse who will be caring for the children most of the time, and the size of each spouse’s separate estate. In some cases, misconduct that contributed to the breakup can also be part of the analysis.

Child custody (conservatorship) in a Texas divorce

In Texas, you’ll hear the word conservatorship instead of custody. Conservatorship covers decision-making authority, while possession and access covers the parenting schedule. Courts generally focus on the child’s best interests, and the details of a plan can depend heavily on your child’s needs, each parent’s situation, and any safety concerns.

If you’re working out parenting time, you may hear about the Standard Possession Order, which is a common baseline schedule Texas courts use in many cases. It’s not one-size-fits-all, but it often acts as a starting point in negotiations.

The Texas divorce process

Most Texas divorces start with filing an Original Petition for Divorce in the appropriate county. After that, the other spouse must be formally served, unless they sign a waiver of service. From there, things can move in two very different directions: either you resolve issues through agreement (sometimes with mediation), or you litigate contested issues in court.

One of the biggest timeline rules is the waiting period. In most cases, a judge can’t grant the divorce until at least 60 days after the case is filed. That means even the simplest divorce usually can’t be finalized instantly.

A lot of the “how long will this take?” question comes down to whether you and your spouse can agree on property, parenting, and support. An uncontested case may wrap up shortly after the waiting period, while a contested case can take months longer.

How fault affects divorce outcomes

Fault can affect a Texas divorce in a few ways, but it’s not magic, and it’s not always worth the tradeoff. Proving fault usually means more evidence, more conflict, and often more expense. Still, it can be relevant if you’re trying to argue for a different property split under the just and right standard.

Fault can also intersect with spousal maintenance in certain cases, especially when the law provides specific eligibility pathways (like family violence). Texas spousal maintenance is limited compared to many states, so the details matter.

Legal representation and support

If you’re facing divorce in Texas, it helps to have someone who understands how Texas courts handle community property, tracing separate property, and conservatorship issues. The stakes can be especially high when you’re dealing with a home, retirement accounts, a business, or a contested parenting plan.

At Marble, we can help you connect with a Texas divorce attorney who can explain what applies to your situation, walk you through your options, and help you prepare for negotiations, mediation, or court if needed.