Getting Divorced
Fam. Code 6.702 — six months in Texas, and 60 days after filing
A Texas court may grant a divorce without regard to fault where the marriage has become insupportable because of discord or conflict of personalities that destroys the legitimate ends of the marriage and prevents any reasonable expectation of reconciliation.
| The requirement | What the Family Code sets |
|---|---|
| The requirementLiving in Texas | What the Family Code setsThe petitioner or the respondent has been domiciled in Texas for the preceding six month period |
| The requirementLiving in the county | What the Family Code setsAnd a resident of the county of filing for the preceding 90 day period |
| The requirementWaiting | What the Family Code setsNo divorce before the 60th day after the suit was filed |
| The requirementWaiting, with family violence | What the Family Code setsNo waiting period where the respondent was convicted of or got deferred adjudication for family violence against the petitioner or household, or the petitioner has an active protective order or emergency order for family violence in the marriage |
Property either spouse has during or at the end of the marriage is presumed to be community property, and showing that something is separate property takes clear and convincing evidence. The court divides the estate in the manner it deems just and right, having due regard for the rights of each party and any children.
Custody, which Texas calls conservatorship, is its own page. Other grounds for divorce, spousal maintenance and child support are in other sections not set out here.
Sources for this section (5)
- Fam. Code 6.301 — General residency rule for divorce suit
- Fam. Code 6.702 — Waiting period
- Fam. Code 6.001 — Insupportability
- Fam. Code 3.003 — Presumption of community property
- Fam. Code 7.001 — General rule of property division
Legal information, not legal advice. Verified as of September 2026. Applying it to a particular situation is the work of a licensed Texas attorney.