Texas divorce at a glance
Confirm with your county before filing — fees and rules can vary.
Texas divorce: the insupportability ground
Texas has its own word for the no-fault ground: insupportability under Tex. Fam. Code § 6.001 — the marriage has become insupportable because of discord or conflict of personalities that destroys the legitimate ends of the marital relationship. It is the standard route in the state, used by most couples, and it needs no fault and no separation period. The 60-day waiting period under § 6.702 starts the day after filing, so the earliest a divorce can finalize is day 61 — no sooner, even with everything agreed.
Filing requires six months as a Texas domiciliary and 90 days in the filing county under § 6.301, with military provisions in § 6.303. The Original Petition for Divorce goes to the District Court, filed through eFileTexas.gov, and an uncontested case closes with an Agreed Final Decree of Divorce. The state is a community property jurisdiction, so the court divides the estate in a manner that is just and right under § 7.001 — which can be an unequal split.
Spousal maintenance is a limited award under § 8.051, available only in narrow circumstances, and child support follows the Texas Child Support Guidelines. Custody uses Texas’s own vocabulary: conservatorship and possession and access. Filing fees run $250 to $400 depending on the county, with Harris County around $350.