If you are considering filing for divorce in Texas, you may have questions about what is involved and how long the process may take.

This guide will help answer those questions.


What is a divorce cooling off period?

Cooling Off

Generally, a divorce waiting, or cooling off, period specifies the minimum amount of time between filing paperwork and finalizing a divorce. 

Texas mandates a 60 day cooling off period.


What is no-fault divorce?

No-Fault Divorce

In a no-fault divorce, you do not need a reason for divorce other than that you and your spouse do not get along.

The Texas Family Code law allows for a no-fault divorce.


Are there residency requirements?

Texas Residency

There are two residency requirements for filing a divorce in Texas.

One spouse has to have been a resident of Texas for a continuous six-month period.

One spouse must have lived in the county where the divorce is filed for at least 90 days.

Texas Residency

Divorce must be filed in the county where the couple or spouse has lived for at least the past 90 days.


Can my spouse prevent a divorce?

No. Only one spouse has to file for and agree to a divorce in Texas.


How is property divided?

Property Division

Texas is a Community Property state. When a divorce is filed, all property is presumed to be Community Property

This can be rebutted by showing some property is the Separate Property of one of the spouses.

Property owned before the marriage

Property given to a spouse as a gift during the marriage

Separate Property Includes

Property inherited during the marriage

We are committed to zealously working to find the solution that is best for you and your family.

A divorce lawyer can guide you through the process, explain the law, and represent your interests.