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Divorce in Texas
Everything you need to know about filing for divorce in Texas — waiting periods, filing fees, property division rules, and key requirements.
Filing Fee
$250-$350
Waiting Period
60 days
Response Deadline
21 days after service
Property Division
Community Property (50/50)
Fault Grounds
No-fault and fault-based available
Average Duration
6-12 months
E-Filing
Available
Mandatory Mediation
No
Child Preference Considered
Age 12+
What Makes Texas Different
- Texas allows fault-based divorce (adultery, cruelty, abandonment, etc.) which can affect property division and spousal support.
- Response deadline is the first Monday after 20 days from service.
- Texas has no state income tax, which simplifies some financial aspects of divorce.
Property Division in Texas
Texas is a community property state. This means that most assets and debts acquired during the marriage are considered jointly owned and are typically divided 50/50. Property owned before the marriage, gifts, and inheritances are generally considered separate property — but commingling can change that. Consult an attorney if you have complex assets.
Note: This guide provides general information about divorce in Texas and should not be considered legal advice. Laws change, and your specific situation may involve nuances not covered here. Consult a qualified family law attorney in Texas for advice about your case.
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