How to Get a Divorce in Texas

The divorce rate in the United States is 10.9 percent per 1,000 people. However, it’s only 6 percent in the state of Texas. Still, you might be considering getting a divorce in 2020 and need to know how to get a divorce in Texas.

Have no fear. Keep reading to figure out what you need to do to get divorced in Texas.

How to Get a Divorce in Texas?

To get a divorce in Texas you’ll first want to learn about what state divorce laws are like and check Otherwise, here’s some more great information you’ll want to read.


Texas is one of the states that allows for a no-fault divorce. A no-fault divorce means that you don’t have to show a reason or that your spouse is the reason you want a divorce. 

When you file a no-fault divorce request you’ll list “insupportability” as the reason you want to split from your spouse. Insupportibility is defined as a conflict of personalities that can’t be reasonably reconciled. 

Legal Reasons

There are several legal reasons where you are able to get a divorce. Those reasons are abandonment, adultery, a felony conviction, being confined in a mental home, and separation. Cruelty is another reason you can get a divorce in Texas. 

Community Property

Texas was once under Spanish rule, because of that it’s a community property state. What that means is that any property both souses acquire while married is subject to equal ownership. 

Texas courts will order these properties to be split up equally. There are some cases where the property is considered separate.

Cases such as an inheritance or gift of one spouse, property, or money acquired because of a personal injury settlement, property acquired before the marriage. 

Defense of a Divorce

You used to be able to defend a divorce filing in the state of Texas because of adultery or recrimination. But, those have been abolished. The only defense you have is if the arbitrator or judge feels the marriage has a chance to be reconciled. These cases are rare. 

What’s the Process?

Getting divorced in Texas is often quite complicated. One spouse has had to have lived in the state for at least six months before you file for divorce. Plus, you have to have lived in the county you’re filing in for at least 90 days. 

What Are the Steps?

There are several steps you have to take to file a divorce in Texas. Those steps include filing the petition for divorce with the proper court. After that, the person filing must give legal notice to their spouse.

Then, the person receiving the notice must let the court know they got the filing within 20 days. If the respondent doesn’t answer then a default judgment can be awarded and you won’t need your spouse’s signature to get the divorce. 

A temporary order is usually issued which states how both souses will proceed during the separation and before the divorce is final. Mostly regarding children and living situations.

Now it’s time to assess your assets and figure out how to divide everything evenly. At this point, you’ll either settle your case if both parties agree or go to a trial for a decision. 

What Next?

Now you know how to get a divorce in Texas. It’s time for you to decide whether or not you’re ready to go through with it. It’s not an easy choice and shouldn’t be taken lightly.

Check out our parenting blog for more wonderful tips.

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