Start Your Next Chapter with Confidence
Eligibility to File for Divorce in Texas
To file for divorce in Texas, one spouse must have resided in the state for at least six months and in the county of filing for at least 90 days before submitting a divorce petition, as outlined in Texas Family Code § 6.301. Unlike some states, Texas does not require spouses to live separately before filing for divorce.
Grounds for Divorce
Texas allows both no-fault and fault-based grounds for divorce:
No-Fault Grounds
Incompatibility or irreconcilable differences.
Fault Grounds
Includes adultery, cruelty, abandonment, felony conviction, or confinement in a mental hospital (Texas Family Code Chapter 6, Subchapter A).
Fault-based divorces may impact decisions on asset division or spousal support.
TYPES OF CUSTODY
Contested vs. Uncontested Divorce
In Texas, custody—referred to as “conservatorship”—determines who makes key decisions for your child, such as those related to education, healthcare, and religion.
Contested Divorce
Spouses who cannot agree on terms, such as property division or child custody, must file a contested divorce.
Uncontested Divorce
Available when spouses agree on all terms, including property and debt division, and there are no minor children, bankruptcy cases, or alimony requests.
TYPES OF CUSTODY
Texas Divorce Waiting Period
Texas law (Family Code § 6.702) mandates a 60-day waiting period after filing a divorce petition. Exceptions apply if:
• A spouse has been convicted or received deferred adjudication for a family violence offense.
• A protective order is in place due to family violence.
Finalizing the divorce requires a judge’s signature on the divorce decree.
How Long Does a Divorce Take in Texas?
While a divorce cannot be finalized before the 61st day after filing, most cases take longer. The timeline varies based on the complexity of the issues, typically ranging from four months to over a year.
Divorce Attorney in New Braunfels, TX
Navigating divorce requires strategic planning and a clear understanding of your rights. With decades of experience, I provide compassionate and knowledgeable support to help clients move forward. Whether you’re just beginning the process or dealing with contested issues, I’m here to assist.
At Marco Law Firm, we proudly serve clients in New Braunfels, Dallas, Bexar County, Comal County, Hays County, Collin County, and surrounding areas.
Contact us today to schedule a consultation and take the first step toward a fresh start.