What Are the Texas Divorce Requirements? 5 Rules Before You File

The Texas divorce requirements are set by statute, and a missed requirement stalls your case before it starts. We cover the five rules that control every filing: residency, a legal ground, the 60-day wait, post-filing restrictions, and the remarriage bar. Clear them first, then file.

What Are the Texas Divorce Requirements for Residency?

A Texas divorce suit cannot be maintained unless, when it is filed, either the petitioner or the respondent has been a Texas domiciliary for the preceding six months and a resident of the filing county for the preceding 90 days. One spouse can satisfy both tests for the couple. (Tex. Fam. Code § 6.301)

A spouse who lives in another state or country can still file. If the other spouse has been a Texas domiciliary for at least the last six months, the nonresident spouse may file in the county where the domiciliary spouse lives when the petition is filed (Tex. Fam. Code § 6.302).

Military service has its own rule: a service member stationed in Texas six months, and at a county installation 90 days, is treated as a Texas domiciliary and county resident, as is an accompanying spouse (Tex. Fam. Code § 6.304).

Do the Texas Divorce Requirements Include a Legal Ground?

Yes. Every Texas divorce rests on a statutory ground. The no-fault ground is insupportability: the marriage has become insupportable because of discord or conflict of personalities that destroys the legitimate ends of the marital relationship and prevents any reasonable expectation of reconciliation. You do not have to prove who caused it. (Tex. Fam. Code § 6.001)

The petition must allege the ground substantially in the statute’s language, without evidentiary facts (Tex. Fam. Code § 6.402(a)).

Which Fault Grounds Count Under the Texas Divorce Requirements?

Texas law lists six grounds beyond insupportability: cruelty, adultery, felony conviction, abandonment, living apart for three years, and confinement in a mental hospital. Each carries statutory elements the court must find. Four of the six carry minimum time periods. (Tex. Fam. Code §§ 6.002–6.007)

• Cruelty: the other spouse is guilty of cruel treatment of a nature that renders further living together insupportable.
• Adultery: the other spouse has committed adultery.
• Felony conviction: during the marriage the other spouse was convicted of a felony, imprisoned at least one year, and not pardoned. No divorce on this ground against a spouse convicted on the testimony of the other.
• Abandonment: the other spouse left with the intention of abandonment and remained away at least one year.
• Living apart: the spouses have lived apart without cohabitation for at least three years.
• Mental hospital confinement: at filing, the other spouse has been confined at least three years, and adjustment is unlikely or, if it occurs, relapse is probable.

Recrimination and adultery are abolished as defenses to divorce. Condonation is a defense only if the court finds a reasonable expectation of reconciliation (Tex. Fam. Code § 6.008).

How Long Is the Waiting Period Under the Texas Divorce Requirements?

The court may not grant a divorce before the 60th day after the suit was filed. A decree rendered in violation of that rule is not subject to collateral attack. The wait does not apply when the court finds one of two family violence circumstances, both defined by statute. (Tex. Fam. Code § 6.702(a))

The wait is waived when the court finds either of the following:

• The respondent was finally convicted of, or received deferred adjudication for, a family violence offense against the petitioner or a member of the petitioner’s household.
• The petitioner has an active Title 4 protective order or active emergency magistrate’s order based on a finding of family violence against the respondent, committed during the marriage.

(Tex. Fam. Code § 6.702(c))

How Does a Texas Divorce Work Step by Step?

A Texas divorce moves through six steps: confirm residency, file the petition, serve your spouse, obtain temporary orders, clear the 60-day wait, and finalize the decree. Each step has a statutory requirement. Skip one and the case stalls.

1. Confirm residency. Six months in Texas and 90 days in the filing county (§ 6.301).
2. File the petition. Allege a ground substantially in the statutory language (§ 6.402(a)). If you are parents of a child not under another court’s continuing jurisdiction, the suit must include a suit affecting the parent-child relationship (§ 6.406).
3. Serve your spouse. Citation is issued and served as in other civil cases (§ 6.408). Your spouse may instead sign a notarized waiver of service (§ 6.4035).
4. Obtain temporary orders. The court may grant a temporary restraining order without notice, and may enter temporary orders after notice and hearing (§§ 6.501, 6.502).
5. Clear the 60-day wait. No decree before the 60th day, subject to the two family violence exceptions (§ 6.702).
6. Finalize the decree. The decree states the date of the marriage (§ 6.712), and the court changes a party’s name to a previously used name on specific request unless the decree states a reason for denial (§ 6.706).

What Can You Not Do After a Texas Divorce Is Filed?

After filing, the court may issue a temporary restraining order without notice that bars either spouse from hiding, selling, or wasting property, incurring debt other than legal expenses, draining accounts, changing insurance beneficiaries, or destroying records. A violation is punishable as contempt. (Tex. Fam. Code §§ 6.501, 6.506)

Listed acts include transferring or encumbering property, withdrawing money from any checking or savings account, changing a life insurance beneficiary, canceling insurance coverage, and destroying financial records or relevant electronic data. Two limits apply: the order may not bar spending for reasonable and necessary living expenses, or acts reasonable and necessary to conduct the party’s usual business and occupation (Tex. Fam. Code § 6.501(b)).

Can You Remarry Right After a Texas Divorce Decree?

No. Neither party to a divorce may marry a third party before the 31st day after the date the divorce is decreed. The former spouses may marry each other at any time. For good cause shown, the court may waive the bar for either or both spouses. (Tex. Fam. Code §§ 6.801, 6.802)

A waiver requires a preserved record or filed findings of fact and conclusions of law (Tex. Fam. Code § 6.802).

Texas Divorce Requirements Attorney in Sugar Land and Houston

We apply the Texas divorce requirements for clients across Fort Bend, Harris, Brazoria, and Montgomery Counties. Residency is county-specific, so we confirm the 90-day county test before anything is filed. Our offices are in Sugar Land and Houston (Westchase). Review our divorce practice page and our service areas, then schedule a consultation.

Texas Divorce Requirements FAQ

Do Texas divorce requirements differ by county?

The grounds, the 60-day wait, and the remarriage bar are the same statewide. Residency is the county-specific rule: 90 days in the filing county, whether Fort Bend, Harris, Brazoria, or Montgomery. (Tex. Fam. Code § 6.301)

Can I file in Texas if my spouse lives in another state?

Yes. A spouse domiciled elsewhere may file in the county where the Texas-domiciliary spouse lives, if that spouse has been a Texas domiciliary at least six months. Personal jurisdiction over a nonresident respondent is a separate question (Tex. Fam. Code §§ 6.302, 6.305).

Do I have to prove fault to get a Texas divorce?

No. Insupportability allows a divorce without regard to fault. Fault grounds are available when the statutory elements are met, and each ground has its own requirements (Tex. Fam. Code §§ 6.001–6.007).

What happens if my spouse does not answer the petition?

A respondent is not required to answer on oath or affirmation. In a suit for divorce, the petition may not be taken as confessed if the respondent does not file an answer (Tex. Fam. Code §§ 6.403, 6.701).

Can a Texas divorce be granted before 60 days?

Only if the court finds one of the two family violence circumstances in the statute. Otherwise the court may not grant the divorce before the 60th day after filing (Tex. Fam. Code § 6.702).

Can I get a protective order while my divorce is pending?

Yes. On a party’s motion, the court may render a protective order under Title 4, and if the court believes a party may be a victim of family violence, it shall inform that party of the right to apply (Tex. Fam. Code §§ 6.504, 6.404).

“From the very beginning, Ms. Audu was responsive, honest, and incredibly knowledgeable. She took the time to explain every step, answered all of my questions, and made sure I felt confident in every decision.”

Scott, divorce client (5-star Google review)

Audu Law Firm, PLLC — Texas Family Law

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This content is for informational purposes only and does not establish an attorney-client relationship.

Legal References

• Tex. Fam. Code §§ 6.001–6.008 (grounds for divorce and defenses)
• Tex. Fam. Code §§ 6.301, 6.302, 6.304, 6.305 (residency and jurisdiction)
• Tex. Fam. Code §§ 6.402, 6.403, 6.4035, 6.404, 6.406, 6.408 (filing suit)
• Tex. Fam. Code §§ 6.501, 6.502, 6.504, 6.506 (temporary orders)
• Tex. Fam. Code §§ 6.701, 6.702, 6.706, 6.712 (trial, waiting period, decree)
• Tex. Fam. Code §§ 6.801, 6.802 (remarriage)