Can You File for Divorce in Texas?
Determine Eligibility for a Simple Divorce
Before filing for divorce in Texas, you must assess whether your case qualifies for a straightforward uncontested proceeding. Texas law has specific requirements regarding residency, grounds, and the nature of your marriage.
Residency Requirements
Texas Residency
At least one spouse must have been a domiciliary of Texas for the preceding six months before filing. Being a domiciliary means Texas is your permanent home—where you intend to remain or return to.
What counts as Texas residency:
- Living in Texas continuously for 6 months
- Having Texas as your permanent home address
- Maintaining Texas driver’s license and vehicle registration
- Paying Texas state taxes
County Residency
At least one spouse must have been a resident of the county of filing for the preceding 90 days.
Proof of county residency may include:
- Lease agreement or mortgage statement
- Utility bills showing your address
- Texas driver’s license with county address
- Voter registration in the county
Non-Resident Spouse Filing
If you live outside Texas, you can still file for divorce here. Under Texas Family Code § 6.302, a non-resident spouse may file in Texas as long as the other spouse has lived in Texas for at least 6 months and in the filing county for at least 90 days. The case is filed in the county where the resident spouse lives.
Marriage and Children Requirements
No Minor or Dependent Children
Your case qualifies for our simple divorce service only if:
- No children were born during the marriage
- No children were adopted during the marriage
- Neither spouse is currently pregnant
Important: If you have children from a previous relationship, this does not disqualify you—only children of this particular marriage are considered.
Property and Debt Requirements
For a streamlined simple divorce:
- No real property: No land, home, or real estate to divide
- No community property disputes: Either no community property exists, or both parties agree there is nothing to divide
- No debt division: Either no community debts exist, or both parties agree on allocation
Note: If you have personal property (cars, furniture, bank accounts) that you agree each spouse keeps what’s in their possession, this typically qualifies for a simple divorce.
Grounds for Divorce
Insupportability (No-Fault Grounds)
Texas allows divorce on the ground of insupportability, which means:
- Discord or conflict of personalities
- Destroys the legitimate ends of the marital relationship
- No reasonable expectation of reconciliation
This is the most common and straightforward ground for divorce. You do not need to prove fault, adultery, cruelty, or any other specific wrongdoing.
Other Grounds (Not Covered by Simple Service)
Texas law recognizes other grounds including cruelty, adultery, felony conviction, abandonment, living apart, and confinement for mental illness. If you’re pursuing divorce on fault-based grounds, you may need additional legal services beyond our streamlined platform.
Additional Requirements
No Active Bankruptcy
Neither spouse can have an active bankruptcy proceeding that would bar the divorce from proceeding. If either party has filed for bankruptcy, consult with an attorney about how this affects your divorce timeline.
Spouse Cooperation
For our uncontested service, one of the following must apply:
- Your spouse will sign a waiver of service and agree to the divorce
- Your spouse will be properly served and will not contest the divorce (default)
If your spouse contests: If your spouse objects to the divorce or disputes any terms, the case becomes contested and requires different legal procedures beyond our streamlined service.
Self-Assessment Checklist
Use this checklist to determine if you qualify for our simple divorce service:
- At least one spouse has lived in Texas for 6+ months
- At least one spouse has lived in the filing county for 90+ days
- No children were born during the marriage
- No children were adopted during the marriage
- No current pregnancy
- No real property (land/home) to divide
- No community property disputes, or both agree there’s nothing to divide
- Proceeding on insupportability (no-fault) grounds
- No active bankruptcy proceeding
- Spouse will either sign waiver or will not contest the divorce
All boxes checked? You likely qualify for our simple divorce service.
One or more boxes not checked? Your case may require additional legal services or full attorney representation.
What If I Don’t Qualify?
If your situation doesn’t meet all requirements for a simple divorce, you have options:
- Consult with Attorney Stephanie Hoppas: We can assess whether your case needs modifications or full representation
- Wait Until Requirements Are Met: For example, if you haven’t met the 90-day county residency, wait until you do
- Seek Full Legal Representation: For cases with children, property, or contested issues
Next Steps
If you qualify for a simple Texas divorce:
Common Questions About Eligibility
What if I just moved to Texas?
You must wait until you’ve been a Texas resident for 6 months before you can file for divorce here. The court will require proof of your residency date.
What if my spouse lives in another state?
As long as YOU meet the Texas and county residency requirements, you can file for divorce in Texas even if your spouse lives elsewhere.
Can I file if I’m separated but still live in the same county?
Yes, separation is not required to file for divorce in Texas. As long as one spouse meets the 90-day county residency, you can file even if you still live in the same home.
What if we bought a house together but already sold it?
If the house has been sold and the proceeds divided (or agreed upon), and there are no remaining property disputes, you may still qualify for a simple divorce.
What if we have pets?
Pets are generally treated as personal property in Texas. If you agree on who keeps which pets, this typically doesn’t disqualify you from a simple divorce.
This information is for educational purposes and does not constitute legal advice. Consult with a licensed Texas attorney to discuss your specific situation.