Divorce in Texas (2026)

Texas Fault-Based Divorce Grounds

Texas is one of a shrinking number of states that preserves both no-fault and fault-based grounds for divorce, and this dual system is one of the most distinctive features of Texas divorce law. While most divorces are filed on the no-fault ground of “insupportability” under Family Code Section 6.001, the availability of fault grounds creates strategic options that do not exist in purely no-fault states like California.

Under Texas Family Code Sections 6.001 through 6.007, the following grounds for divorce are recognized:

• Insupportability (no-fault) — The marriage has become insupportable because of discord or conflict of personalities that destroys the legitimate ends of the marital relationship, with no reasonable expectation of reconciliation (Section 6.001).
• Cruelty — One spouse’s cruel treatment of the other is of such a nature as to render further living together insupportable (Section 6.002).
• Adultery — One spouse has committed adultery (Section 6.003).
• Felony conviction — The other spouse has been convicted of a felony, imprisoned for at least one year, and has not been pardoned (Section 6.004).
• Abandonment — One spouse left the other with the intention of abandonment and remained away for at least one year (Section 6.005).
• Living apart — The spouses have lived apart without cohabitation for at least three years (Section 6.006).
• Confinement in a mental hospital — The other spouse has been confined in a mental hospital for at least three years and recovery is unlikely (Section 6.007).

Proving fault can have concrete financial consequences. A finding of fault — particularly adultery or cruelty — may influence how the court divides community property, potentially awarding a disproportionate share to the innocent spouse. Fault can also affect spousal maintenance eligibility, since family violence within two years of filing is an independent basis for a maintenance award under Section 8.051. However, proving fault requires evidence and extends litigation, so many attorneys advise filing on insupportability unless the facts clearly support a fault-based claim and the potential benefit justifies the additional cost and conflict.

Overview of Texas Divorce Law

Texas recognizes both no-fault and fault-based grounds for divorce, giving spouses flexibility in how they approach the filing. The no-fault ground — called “insupportability” under Family Code Section 6.001 — requires only that the marriage has become insupportable due to discord or conflict with no reasonable expectation of reconciliation. This is the ground used in the vast majority of Texas divorces.

However, because Texas also preserves fault-based grounds, the nature of the marriage’s breakdown can matter in ways it does not in purely no-fault states. Proving fault can influence how the court divides property and may affect spousal maintenance awards, making it a strategic consideration in some cases.

Residency and Filing Requirements

At least one spouse must have been a resident of Texas for six months and a resident of the county where the divorce is filed for 90 days. Texas has a mandatory 60-day waiting period from the date the petition is filed before a divorce can be finalized. This is shorter than many states, meaning uncontested Texas divorces can move relatively quickly.

Active-duty military members stationed in Texas may use their period of service to meet the residency requirement, even if they maintain a legal domicile elsewhere.

Community Property in Texas

Texas is one of nine community property states. Under Family Code Section 3.002, all property acquired during the marriage is presumed to be community property and is subject to a “just and right” division by the court — which does not necessarily mean a 50/50 split. Judges consider factors including each spouse’s earning capacity, fault in the breakup, custody of children, and the health and age of both parties.

Community property typically includes:

• Income earned by either spouse during the marriage
• Real estate and vehicles purchased during the marriage
• Retirement benefits and investment accounts accrued during the marriage
• Business interests started or grown during the marriage

Separate property under Family Code Section 3.001 — assets owned before the marriage, gifts, and inheritances — belongs to the individual spouse. However, the spouse claiming separate property has the burden of proving it through clear and convincing evidence, which often requires tracing transactions over many years.

Spousal Maintenance

Texas calls its alimony system spousal maintenance, and it is more limited than in many other states. Under Family Code Section 8.051, to qualify, the requesting spouse must generally show they lack sufficient property to provide for their minimum reasonable needs and meet at least one of these conditions:

• The marriage lasted 10 years or more and the spouse cannot earn sufficient income
• The spouse has a physical or mental disability
• The spouse is the custodian of a child with a disability requiring substantial care
• The other spouse was convicted of or received deferred adjudication for family violence within two years of the filing

Maintenance is capped at $5,000 per month or 20% of the paying spouse’s average monthly gross income, whichever is less. The duration is also capped based on the length of the marriage, ranging from 5 years (for marriages of 10-20 years) to 10 years (for marriages of 30+ years).

The Texas Divorce Process

1. Filing the Petition — One spouse files an Original Petition for Divorce with the district court and pays the filing fee ($250-$350, varying by county; fee waivers are available).
2. Serving the Respondent — The petition must be served by a process server, sheriff, or waiver of service if the other spouse agrees.
3. 60-Day Waiting Period — No divorce can be granted until at least 60 days after the petition is filed.
4. Discovery and Negotiation — Both parties exchange financial information. Many cases settle through negotiation or mediation.
5. Mediation — While not always mandatory, Texas judges frequently order mediation before allowing a case to proceed to trial.
6. Trial or Agreed Decree — If the parties reach agreement, they submit an Agreed Final Decree of Divorce. Otherwise, a judge or jury (Texas allows jury trials on property division) decides the outcome.
7. Final Decree — The judge signs the Final Decree of Divorce, making the dissolution official.

When to Consult an Attorney

Texas divorce law has unique features — including fault-based grounds, jury trial rights, and strict spousal maintenance caps — that can significantly affect outcomes. Consulting with a Texas family law attorney is particularly important when fault is alleged, when the marital estate includes businesses or complex assets, or when child custody is contested. An attorney can help you understand whether pursuing fault grounds may be advantageous and how to protect your financial interests under Texas community property law.

Frequently Asked Questions

What are the residency requirements in Texas?

At least one spouse must have been a resident of Texas for six months and a resident of the county where the divorce is filed for 90 days. Texas also has a mandatory 60-day waiting period from the date the petition is filed.

Is Texas a community property or equitable distribution state?

Texas is a community property state. Under Family Code Section 3.002, all property acquired during the marriage is presumed community property and is subject to a “just and right” division by the court — which does not necessarily mean a 50/50 split. Separate property must be proven by clear and convincing evidence.

How is spousal maintenance limited in Texas?

Spousal maintenance under Family Code Section 8.054 is capped at the lesser of $5,000 per month or 20% of the payor’s average monthly gross income. Duration is also limited: up to 5 years for marriages of 10-20 years, up to 7 years for 20-30 years, and up to 10 years for 30+ years. The requesting spouse must generally show a marriage of 10+ years and inability to earn sufficient income.

Can Texas divorce cases go before a jury?

Yes. Texas is one of the few states that allows jury trials on property division in divorce cases. A jury can decide how to divide community property, although the judge handles child custody, support, and spousal maintenance.

Can I file for divorce in Texas without my spouse’s consent?

Yes. Texas does not require your spouse’s consent or participation to file for or finalize a divorce. If your spouse cannot be located, you may serve them by publication (posting notice in a newspaper). If your spouse is served but does not respond within the required time (usually the Monday following 20 days after service), you can proceed with a default judgment. The court can grant the divorce and enter orders on property division, custody, and support even without the other spouse’s involvement.

How does fault affect property division in Texas?

Under Family Code Section 7.001, the court must divide community property in a manner that is “just and right.” When one spouse can prove fault — such as adultery, cruelty, or waste of community assets — the court may award a disproportionate share of the community estate to the innocent spouse. The extent of the disproportionate division depends on the severity of the fault and the overall circumstances of the case.

How This Guide Was Researched

This guide is based on Texas Family Code Sections 6.001-6.007 (grounds for divorce), Sections 3.001-3.008 (characterization of property), Sections 7.001-7.006 (division of property), and Sections 8.051-8.055 (spousal maintenance eligibility and limitations). Filing procedures were confirmed against the Texas State Law Library divorce guide and TexasLawHelp.org self-help resources. The discussion of fault-based grounds and their impact on property division was verified against current Texas appellate case law and the Texas Family Law Practice Manual.

Sources and Legal References

This guide is based on publicly available legal information and official sources, including:

• Texas Family Code §§ 6.001-6.007 (grounds for divorce: insupportability, cruelty, adultery, felony conviction, abandonment, living apart, mental hospital confinement)
• Texas Family Code §§ 3.001-3.008 (characterization of community and separate property), §§ 7.001-7.006 (just and right division)
• Texas Family Code §§ 8.051-8.055 (spousal maintenance eligibility, duration, and amount limitations)
• Texas State Law Library divorce and family law research guides

Official Texas Resources

• Texas Law Help — Family, Divorce & Children
• Texas Courts — Self-Represented Litigants
• Texas State Law Library — Divorce Guide

Additional Texas Resources

• Kazen Law — Family Law Resources
• William Bloodworth Law — Helpful Links

For more about how we research our guides, see our editorial policy and sources methodology.

Related Guides

Learn more about related family law topics:

• Filing for Divorce Without Spouse Consent in Texas
• Military Divorce in Texas
• Child custody in Texas
• Child support in Texas
• Community property vs. equitable distribution
• How long divorce takes
• Divorce cost estimator
• Complete guide to divorce