To file for divorce in Texas, at least one spouse must have been a domiciliary of Texas for the preceding six-month period and a resident of the filing county for the preceding 90-day period. Either spouse can satisfy both requirements, which means you can file even if you personally moved recently, as long as your spouse meets the timelines. Simply owning property or paying taxes in Texas does not establish residency on its own—domicile generally means living in the state with the intent to remain. Filing before these periods are met can lead to dismissal for lack of jurisdiction, so confirming the dates before filing is important.

Yes. If the spouse who wants to file lives outside of Texas—even in another country—they can still file the suit in the Texas county where the other spouse lives, as long as that spouse has been a Texas resident for at least six months and a resident of that county for at least 90 days. In that situation, the non-resident spouse files where the Texas-resident spouse lives. Cases involving spouses in different states can raise added questions about which state has authority over property and children, so it is worth discussing your specific facts with an attorney before deciding where to file.

Yes, Texas law includes special provisions for military families. Any time spent outside of Texas while serving in the U.S. armed forces, or while accompanying a spouse who is serving, still counts as residency in Texas for the purpose of calculating the six-month state requirement and the 90-day county requirement. This means service members who consider Texas home do not lose their ability to file simply because military orders sent them elsewhere. Because these rules can be applied differently depending on duty station and home of record, military families should confirm how the requirements apply to their situation before filing.

Filing fees and service fees vary by county but generally run between roughly $500 and $700. As a general example, some counties charge filing fees of around $350 for a divorce without minor children and slightly more when children are involved. These figures cover the court's filing fee only and do not include attorney's fees, service-of-process costs, mediation, or other expenses, which vary widely depending on whether the case is contested. Check with your local District or County Clerk for the current fees in your county.

No. Texas is a no-fault divorce state, which means either spouse can file without proving the other did anything wrong. The no-fault ground is called "insupportability," meaning the marriage has become unworkable because of discord or conflict of personalities with no reasonable expectation of reconciliation. The vast majority of Texas divorces are filed this way because it is typically faster, less expensive, and less contentious. Texas also allows fault-based grounds such as adultery or cruelty, which some spouses choose to allege because fault can influence how property is divided. You do not, however, need any fault ground simply to end the marriage.

Texas recognizes both no-fault and fault-based grounds. Most divorces are filed on the no-fault ground of insupportability, which means the marriage can no longer function due to conflict, with no reasonable expectation of reconciliation. Texas also recognizes several fault grounds: adultery, cruel treatment, abandonment (leaving for at least one year with the intent to abandon), long-term incarceration (imprisonment for more than one year), confinement to a mental hospital for at least three years, and living apart for at least three years. Fault grounds must be proven with evidence. While most cases proceed on no-fault grounds, alleging fault can matter for property division in the right circumstances.

Yes. Texas is a community property state, which means that almost everything acquired by either spouse during the marriage is presumed to belong to both of them. Community property can include income and wages, savings and bank accounts, retirement accounts, vehicles, real estate, furniture, and certain business and partnership interests. It generally does not matter which spouse earned the money, made the purchase, or whose name appears on the account or title—if it was acquired during the marriage, it is presumed community property. This presumption is the starting point the court uses before deciding how to divide the marital estate in a manner that is just and right.

Texas uses the terms "conservatorship," which refers to a parent's rights and duties including decision-making, and "possession and access," which refers to parenting time, rather than the word "custody." In all decisions involving children, Texas courts are guided by the best interests of the child. Courts frequently appoint both parents as joint managing conservators, sharing rights and duties, though one parent is often given the exclusive right to determine the child's primary residence. Possession schedules set out when the child is with each parent. The specific arrangement depends on the family's circumstances, the child's needs, and each parent's situation, always centered on the child's best interests.

Texas calculates guideline child support as a percentage of the paying parent's monthly "net resources." The standard guideline percentages are 20% for one child, 25% for two, 30% for three, 35% for four, and 40% for five or more children. These percentages apply to net resources up to a statutory cap. Notably, Texas bases the calculation only on the paying parent's income rather than combining both parents' incomes, which differs from many other states. Courts can deviate from the guideline amount when applying it strictly would be unjust or inappropriate, considering factors such as the child's specific needs, medical or educational costs, and the possession schedule.

Texas does allow post-divorce support, but it is limited and not guaranteed. The legal term is "spousal maintenance." Texas courts apply a presumption against awarding it, and when they do, they are required to limit it to the shortest reasonable period necessary for the receiving spouse to become financially self-sufficient. Not everyone who asks for maintenance receives it—the requesting spouse must meet specific eligibility requirements and typically must show they have made diligent efforts to earn enough income or gain the skills to meet their own minimum reasonable needs. Because Texas takes a restrictive approach compared with many states, clients are often cautioned not to assume maintenance will be awarded.