To file for divorce in Texas, either you or your spouse must have lived in Texas for at least 6 months immediately before the filing for divorce AND lived in the county in which you intend to file for at least 90 days. The same time frames apply if you or your spouse are in the military. You must have been stationed in Texas for at least 6 months and lived in the county in which you intend to file for at least 90 days.
In almost all cases, you must wait at least 60 days before you can finish your divorce in the state of Texas.
When calculating the 60 days, count out 60 days (including weekends and holidays) from the day after you filed the Petition For Divorce. If the 60th day falls on a weekend or holiday, go to the next business day. Note: When counting the 60 day waiting period, don’t count the day you filed your Original Petition for Divorce. Day 1 is the next day.
There are only two exceptions to the 60-day waiting period.
- If your spouse has been convicted of or received deferred adjudication for a crime involving family violence against you or a member of your household, the 60-day waiting period is waived.
- If you have an active protective order or an active magistrate’s order for emergency protection against your spouse because of family violence during your marriage, the 60-day waiting period is waived.
To initiate an uncontested divorce with no minor children, you will need the following Texas divorce forms:
- Texas Original Petition For Divorce Packet – Traditional Marriage
- Texas Original Petition For Divorce Packet – Same-Sex Marriage
To initiate an uncontested divorce with minor children, you will need the following Texas divorce forms:
To initiate a divorce with minor children and you don’t believe your spouse will respond to the petition, use the following Texas divorce form:
Feel like you need a divorce lawyer? Visit our Divorce Lawyers in Texas page.