How to File for Divorce in Texas (2026)
July 9, 2026 · 1 min read
Texas residency rules, the 60-day waiting period, 'insupportability' grounds, and where to file, a clear guide to an uncontested Texas divorce.
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Texas is a no-fault, community-property state with one rule everyone should plan around: a mandatory 60-day waiting period. Here's the whole picture.
Residency requirement
To file in Texas, one spouse must have lived in the state for at least six months and in the county where you file for at least 90 days before filing.
Grounds
Texas's no-fault ground is 'insupportability', essentially that the marriage can't continue because of conflict. Texas also recognizes fault grounds, but no-fault is simplest for an agreed divorce.
The 60-day waiting period
Texas requires at least 60 days between filing the petition and the divorce being finalized, even when everything is agreed. As a community-property state, marital assets and debts are generally divided in a way the court finds 'just and right,' which you and your spouse can define in your agreement.
Where to file
You file with the district or county court in your county and pay the filing fee, with a waiver available if you qualify. Your spouse can sign a waiver of service. After the 60 days and once the paperwork is complete, a judge signs the final decree, sometimes at a brief hearing.
The above is general guidance, not legal advice; always confirm current requirements with your Texas county court. When you start with us, your Texas forms and checklist are tailored to your county automatically.
