Texas Divorce: What You Need to Know

Divorce is the legal process of ending a marriage between two parties in Texas. Divorce cases in the state are handled by the District Court or County Court at Law (Family Division) in the county where either spouse resides.

This guide explains how divorce works in Texas, including residency rules, waiting periods, types of divorce, the court process, county-level filing details, and how to access divorce records.

How Does Divorce Work in Texas?

You must meet certain residency requirements before you can file for divorce in Texas. To file for divorce, at least you or your spouse must have lived in Texas for six months and in the county where you are filing the paperwork for at least 90 days.

Texas allows both no-fault and fault-based divorces. The no-fault reason is called insupportability, which basically means that the marriage cannot be saved due to irreconcilable differences. On the other hand, fault-based reasons can include things like adultery, cruelty, abandonment, being convicted of a felony, or being confined in a mental hospital.

According to Texas law, there is a 60-day waiting period after you file for divorce before it can be finalized. However, there are some exceptions for cases involving family violence or protective orders.

If the divorce is uncontested, it can be finalized in as little as two to three months. Contested cases may take a year or even longer.

Types of Divorce in Texas

Texas law provides several types of divorce:

• Uncontested divorce: Uncontested divorce is one where there are no disagreements between the spouses about what they want to happen. Both spouses agree on custody, property division, and support. In Texas, this type of divorce is usually finalized after the 60-day waiting period.
• Contested divorce: Contested divorces occur when the spouses do not agree about what they want to happen. They can be much more complicated, as disagreements usually require mediation, hearings, or a trial, and they take longer to resolve.
• No-fault divorce: A no-fault divorce is when the couple files for divorce alleging insupportability (irreconcilable differences), which have caused the breakdown of their marriage.
• Fault-based divorce: A fault-based divorce is when one party files for divorce, alleging that the other party caused the breakdown of their marriage. The party that files for divorce has to prove that the other party is at fault. Grounds such as adultery or cruelty may be alleged and can influence financial outcomes.
• Collaborative divorce: This process allows couples to negotiate settlements through attorneys and mediators without going to trial.
• Legal separation: Texas does not recognize legal separation. However, spouses may live apart under temporary court orders until divorce is finalized.

Texas Divorce Court Process and Forms

Divorces in Texas are filed in the District Court or County Court at Law (Family Division) of the county where either spouse resides. The process begins when one spouse, the petitioner, files an Original Petition for Divorce.

Other required documents may include:

• Civil Case Information Sheet
• Waiver of Service (if uncontested)
• Financial Affidavit

After a divorce petition is filed, the next step is to serve the other spouse. Service of process is done by a sheriff, process server, or certified mail. The spouse receiving the petition has 20 days, plus the following Monday, to respond.

Both individuals involved must share their financial information, including income, assets, and debts. If there are children, both parents are required to take a Parent Education and Stabilization Course before any custody arrangements are finalized.

In cases where custody or property is disputed, judges may recommend mediation. If mediation does not work out, the case will move on to trial.

The divorce is officially completed when the judge signs a Final Decree of Divorce, which ends the marriage and outlines custody, property division, support, and alimony arrangements.

City- and County-Level Filing Details

Divorces in Texas are filed at the county level. Here are details for some of the state’s largest counties:

• Harris County (Houston):
  • Courthouse: Harris County District Clerk’s Office, Family Law Center, 201 Caroline Street, Houston, TX 77002.
  • Services: Harris County District Clerk’s Office provides online forms and e-filing options to interested parties.
• Dallas County (Dallas):
  • Courthouse: Dallas County Family Court, George L. Allen Sr. Courts Building, 600 Commerce Street, Dallas, TX 75202.
  • Services: Dallas County Family Court Clerk provides filing instructions. The court also provides online docket access through the Dallas County Portal.
• Tarrant County (Fort Worth):
  • Courthouse: Tarrant County Family Courts, 200 E. Weatherford Street, Fort Worth, TX 76196.
  • Services: Tarrant County Family Courts has an online filing system that allows users to file divorce petitions remotely. The court also provides mediation services.
• Bexar County (San Antonio):
  • Courthouse: Bexar County District Courts, 100 Dolorosa Street, San Antonio, TX 78205.
  • Services: This court has a self-help center for family law filings. It also requires mandatory parent education if children are involved.
• Travis County (Austin):
  • Courthouse: Travis County Civil and Family Courts, 1700 Guadalupe Street, Austin, TX 78701.
  • Services: Travis County Civil and Family Courts provides has a self-help library that provides steps on how to file for divorce.

How to Search for Divorce Records in Texas

While most divorce records are generally considered public information, personal details like Social Security numbers, bank account info, and information about children can only be accessed by those directly involved. Some divorce papers may also be sealed for privacy or made confidential for various reasons. The District Clerk's Office in the county where the divorce was completed keeps these records

Ways to access records include:

• At the courthouse: Certified copies of divorce decrees and case files can be requested from the district clerk for a fee.
• Online: Many counties, including Harris, Dallas, and Travis, provide online docket searches and record requests.
• Vital Records: TheTexas Department of State Health Services, Vital Statistics Office provides divorce verifications (basic summaries, not full decrees) for divorces granted since 1968. These include the names of spouses, the date, and the county of divorce.
• Third-party services: Private record search sites may provide information, but certified copies must come from the courts or Vital Records.

Divorce records may include the names of the spouses, the date and county of divorce, the case number, and the court’s orders on custody, property division, child support, and alimony. The Final Decree of Divorce is the official proof that the marriage has legally ended.

Key Points

• Divorce in Texas is filed in the District Court or County Court at Law of the county where either spouse resides.
• Residency requires six months in the state and 90 days in the county.
• Texas allows both no-fault (insupportability) and fault-based divorces.
• A 60-day waiting period applies, with exceptions for family violence cases.
• Parents must attend a parenting education program when children are involved.
• Divorce records are public and available from county clerks, with verifications from the Texas Vital Statistics Office.