Divorce in Texas — the plain-English overview

If you’re filing or being filed against in Texas, the rules below shape almost every decision in your case. None of this replaces talking to a Texas family-law attorney about your specifics — but knowing the starting framework helps you read your own paperwork.

Where you file

Texas divorces are filed in district court (or, in some smaller counties, a county court at law with family-law jurisdiction) in the county where either spouse has lived for at least 90 days. The 6-month state residency is a separate requirement on top of that (Tex. Fam. Code § 6.301).

If you live in Travis County, you file in Travis County. If you and your spouse split and you moved to Dallas County 90 days ago, you can file there. You don’t need to file where the marriage happened — only where one of you currently lives.

How long it takes

Texas imposes a 60-day cooling-off period from the date the petition is filed before a judge can sign your final decree (Tex. Fam. Code § 6.702). The clock runs whether or not anything else is happening in the case.

In practice, 60 days is the floor. Most uncontested Texas divorces take 90 days to 6 months once you account for court calendars and paperwork turnaround. Contested cases routinely take a year or more. The only common exception to the 60-day floor is family-violence cases, where some Texas courts can waive it.

Property — what state law assumes

Texas is one of nine community property states. Anything earned or acquired during the marriage is presumed to belong to the community (both of you, equally) regardless of whose paycheck it came from or whose name is on the title (Tex. Fam. Code §§ 3.001–3.003).

The wrinkle is that Texas does not automatically split community property 50/50. Texas judges divide it in a manner that is "just and right," which often lands near 50/50 but can deviate based on income disparity, fault, fraud on the community, or who has primary custody of the kids. Separate property — what you owned before the marriage, plus inheritances and individual gifts — stays with the spouse who brought it in.

Custody — the starting framework

Texas does not use the words "custody," "legal custody," or "physical custody" in its statutes. It uses conservatorship and possession and access (Tex. Fam. Code Ch. 153).

The court will appoint one or both parents as managing conservators. The presumption — the starting point unless someone proves otherwise — is Joint Managing Conservatorship (JMC), where both parents share rights and duties for the kids.

JMC doesn’t mean 50/50 time. Texas still names one parent the primary parent — usually the parent with the right to designate the child’s primary residence — and the other parent gets a possession schedule. The default schedule is the Standard Possession Order (SPO): alternating weekends, Thursday evenings during the school year, and a defined split of summers and holidays.

Filing fees and fee waivers

Filing fees in Texas vary by county but typically run $300–$400 for a divorce petition. Bigger counties (Harris, Dallas, Travis) tend to be near $350; smaller counties closer to $300. There can be additional service fees of $80–$100 if you’re using a sheriff or constable to serve the other side.

If you can’t afford the filing fee, Texas lets you file a Statement of Inability to Afford Payment of Court Costs (the modern term for an "affidavit of indigency") under Tex. R. Civ. P. 145. If granted, the court waives the filing fees for your case. The form is one page and is available on the Texas Office of Court Administration website (txcourts.gov).

What this page can’t tell you

Texas has 254 counties, and county-level practice varies more than you might expect. A few examples:

• Some counties require Family Court Mediation before a contested final hearing. Others don’t.
• "Associate judges" hear most family-law matters in some counties; district judges hear them in others. The practical effect on your case can be different.
• Standing orders — pre-existing court rules that automatically apply the moment you file — vary by county. They may freeze financial accounts, restrict travel with kids, or limit communication during the case.
• Standard Possession Order details, holiday rotations, and electronic-filing rules vary by court.

None of this means Texas divorce is unpredictable. It means the broad strokes above are reliable; the day-to-day procedural details belong to your county’s local rules. Your county’s district clerk’s office and the Texas Family Code (titled "Title 1 — The Marriage Relationship" and "Title 5 — The Parent-Child Relationship") are the authoritative sources for your case.

Statutes referenced

• Residency — Tex. Fam. Code § 6.301
• 60-day waiting period — Tex. Fam. Code § 6.702
• Community property — Tex. Fam. Code §§ 3.001–3.003
• Conservatorship (custody) — Tex. Fam. Code Ch. 153
• Indigency / fee waivers — Tex. R. Civ. P. 145

These are the controlling statutes for the facts on this page. State law changes; the linked text always reflects current law.