Divorce in Texas
A divorce in Texas ends a marriage with a signed court order called a final decree. The Texas Family Code controls every step, from the grounds a spouse may plead to the 60-day minimum wait. This page walks through that process in plain language, one stage at a time.
What a Texas divorce decree decides
Divorce in Texas is a lawsuit in which a court dissolves the marriage and, in the same final decree, divides the spouses' property and debts. When the couple has children together, that decree also names conservators, sets a possession schedule and orders child support. The spouse who files is the petitioner, and the other spouse is the respondent.
A final decree usually settles:
- The marriage itself ends on the date the judge signs the decree.
- The community estate is divided. The property division page explains community and separate property.
- Conservatorship, the Texas word for custody, and the visitation schedule are set for each child. See the child custody page.
- Child support, along with medical and dental coverage for each child, is ordered under the guidelines on the child support page.
- Any post-divorce payments to a spouse are decided under the rules on the spousal maintenance page.
A petition can be filed only when one of the two spouses satisfies the Texas and county residency requirements in Texas Family Code § 6.301; the Areas We Serve page explains where a case can be filed.
Texas allows no-fault divorce, and six fault-based grounds remain
Most Texas divorces are granted on the no-fault ground in Texas Family Code § 6.001, called insupportability. A judge can grant it when ongoing conflict has broken the marriage so completely that the couple has no realistic hope of getting back together. No misconduct by either spouse needs to be shown.
The Family Code also keeps these grounds:
| Ground | What the statute requires |
|---|---|
| Cruelty (§ 6.002) | Cruel treatment by the other spouse that makes further living together insupportable. |
| Adultery (§ 6.003) | The other spouse committed adultery. |
| Felony conviction (§ 6.004) | A felony conviction of the other spouse during the marriage, followed by a year or more in prison with no pardon. It cannot be used against a spouse convicted on the filing spouse's testimony. |
| Abandonment (§ 6.005) | The other spouse left intending to abandon the marriage and stayed away at least one year. |
| Living apart (§ 6.006) | The spouses have lived apart without cohabitation for at least three years. |
| Mental hospital confinement (§ 6.007) | The other spouse has been confined in a mental hospital for at least three years, and adjustment is unlikely or relapse is probable. |
Whether a fault ground belongs in a particular petition is a judgment call for an attorney who knows the facts of the marriage.
What sets the timeline for a divorce in Texas?
Texas Family Code § 6.702 sets a floor: the judge may sign a divorce no earlier than the 60th day after the petition was filed. That waiting period is a minimum, not an estimate. Cases where the spouses disagree about property or children need time for disclosures, mediation and sometimes a trial, so they usually run longer.
When the 60-day wait does not apply
Section 6.702(c) removes the waiting period when the court finds either of these situations involving family violence:
- The respondent has a final conviction, or was placed on deferred adjudication, for an offense involving family violence aimed at the petitioner or someone living in the petitioner's household.
- The petitioner has an active protective order, or an active magistrate's order for emergency protection, against the respondent based on family violence committed during the marriage.
The stages of a Texas divorce, from petition to final decree
A Texas divorce moves through six stages: the petition, service and the answer, temporary orders, financial disclosure, settlement efforts such as mediation, and the final decree. An agreed case may skip temporary orders entirely.
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The petition
The petitioner files an Original Petition for Divorce. It names both spouses, states the ground for divorce and, as the Family Code requires, says whether there are children of the marriage.
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Service and the answer
The respondent is formally served or signs a waiver of service. Texas Rule of Civil Procedure 99(b) sets the answer deadline at 10:00 a.m. on the Monday after 20 days have passed since service. Under § 6.701, a divorce petition is never simply taken as true because no answer was filed.
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Temporary orders
While the case is pending, § 6.502 lets the court decide, after notice and a hearing, who stays in the home, temporary spousal support, limits on spending and similar issues. Local standing orders are covered on the Montgomery County family courts page.
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Financial disclosure
Each spouse gathers records of what the marriage owns and owes. A court may order a sworn inventory and appraisement under § 6.502(a)(1), which the property division page explains.
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Mediation and settlement
Under § 6.602, a mediated settlement agreement binds the spouses if it says in bold, capitals or underlining that it cannot be revoked and is signed by each spouse and any attorney present.
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The final decree
An agreed case ends when the judge approves the settlement and signs the decree. A contested case ends after a final hearing or trial. Either way, the signed decree is the order both spouses must follow.
Agreed and contested divorces follow the same law on different timelines
An agreed divorce, sometimes called uncontested, is one where the spouses settle every issue in writing. A contested divorce is one where a judge decides at least one issue. Both kinds need a petition, the 60-day wait unless an exception applies, and a final decree signed by the judge, so the legal steps are the same.
A case can start contested and settle later, often at mediation, or start agreed and break down over one issue such as the house or a retirement account.
How a divorce connects to the rest of Texas family law
Texas Family Code § 6.406 folds a suit about the children into a divorce between parents, so property, support and custody are decided together. The Texas family law guide shows how each issue fits into one case.
Children of the marriage
Custody and visitation are explained on the child custody page, and payment guidelines on the child support page.
Money and property
Division of the community estate is on the property division page; a premarital agreement can change that, as the prenuptial agreements page explains.
For what a case looks like close to home, see the Conroe family law attorney page or The Woodlands family law attorney page, and the courts page for where Montgomery County cases are heard.
Divorce in Texas: common questions
Must one spouse be at fault before a divorce in Texas is granted?
No fault finding is needed. The no-fault ground in Texas Family Code § 6.001 lets a judge end a marriage that ongoing conflict has broken beyond any reasonable chance of repair. Fault grounds such as cruelty and adultery still exist, but neither spouse is required to prove wrongdoing.
Can a reluctant spouse block the case by never signing?
No. A spouse who will not sign papers cannot block a Texas divorce. Once the spouse is properly served, the case can go forward without an answer, although § 6.701 still requires the filing spouse to prove the case to the judge.
Could a judge sign our decree a few weeks after we file?
Usually not, because Texas Family Code § 6.702 bars the judge from granting the divorce until the 60th day after filing has arrived. The wait does not apply in certain cases involving family violence, such as an active protective order against the other spouse for violence that happened while the two were married.
Can a judge order a divorcing couple into mediation?
Yes. Section 6.602 lets the judge refer the case, either because both spouses agreed to it in writing or on the court's own initiative. A spouse may object to mediation because of family violence by the other spouse. Each court's own expectations are covered on the Montgomery County family courts page.
Is an agreed divorce faster than a contested one?
Usually, yes. Both kinds share the same 60-day minimum under § 6.702, but an agreed divorce can be finished once that period has run and the judge approves the signed decree. A contested divorce takes longer because disclosure, mediation and any trial all have to happen first.
Last reviewed: November 8, 2026. This page explains general Texas law. It is not legal advice about any particular case.
Questions about your own divorce?
If you are planning a divorce in Texas or have just been served with a petition, Jessica Fritz can explain how the Family Code applies to your situation and what the next step should be.
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Fritz Law Firm, PLLC takes divorce, custody, support and other family cases in four counties north and west of Houston. The office is in downtown Conroe, directly across the street from the Montgomery County Courthouse. Choose your community below to see how a family case runs there.
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Don't see your town? If you live in or near one of these four counties, call the office. Staff can tell you whether the firm can take your case.
Meet your attorney
Jessica Fritz, family law attorney in Conroe, Texas
Every case at Fritz Law Firm, PLLC is handled by one lawyer, Jessica Fritz, working with the firm's staff. There are no associates, so your case is not handed off to someone you have never met.
Jessica Fritz gives clients straight answers about Texas family law, a frank view of where their case stands, and a clear next step.
- Texas law license
- Licensed by the State Bar of Texas since 2008
- Cases handled
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- Office
- 220 1/2 W Davis St, Conroe, TX 77301, across the street from the Montgomery County Courthouse
- Roots
- Born in Amarillo; now lives in Cypress, Texas
Ready to talk through your family law case? The office sits across the street from the Montgomery County Courthouse in Conroe. Most of the firm's cases are in Montgomery County, with steady work in Harris, Fort Bend and Waller Counties too.
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This website is attorney advertising. Fritz Law Firm, PLLC practices family law in Texas from its principal office in Conroe. The pages on this site share general information, not legal advice for your situation. Calling, emailing or messaging the firm does not make you a client; representation starts only after both sides sign a written engagement agreement. Results in past matters do not predict results in future ones, because each case depends on its own facts. Jessica Fritz, a member of the State Bar of Texas, is the attorney responsible for this website.