Filing for divorce is a big step. Whether it’s a mutual decision or one partner is ready to move on, understanding how the process works in Texas can make things less confusing. Every state has its own rules, and Texas is no exception.
This article walks you through the main requirements for filing a divorce in Texas, including what the law says, what happens with property, and what steps to take before you file. If you’re searching for the best divorce attorney in Fort Worth or looking for divorce assistance near you, this guide is for you.
For personalized advice, please contact Attorney Tyler Monahan, partner at Turner-Monahan, PLLC, to discuss your case.
Basic Requirements to File for Divorce in Texas
To file for a divorce (also called a dissolution of marriage) in Texas, you must meet these basic requirements:
Residency Rules (Texas Family Code § 6.301)
You or your spouse must:
- Have lived in Texas for at least six months, and
- Lived in the county where you’re filing for at least 90 days
Example: If you live in Tarrant County and meet the residency rule, you can file for divorce in Tarrant County Texas.
Grounds for Divorce in Texas (Texas Family Code § 6.001 – § 6.007)
Texas is a no-fault state. This means you don’t have to prove wrongdoing to file for divorce.
Common grounds include:
- Insupportability (irreconcilable differences)
- Adultery
- Cruelty
- Abandonment
- Felony conviction
- Living apart for 3+ years
- Confinement in a mental hospital
If you’re unsure about what applies to your situation, a divorce attorney in Fort Worth can help guide you.
Mandatory Waiting Period (Texas Family Code § 6.702)
There’s a 60-day waiting period from the date you file until the court can finalize the divorce.
This applies even if both parties agree on everything.
Exceptions apply, such as:
- Domestic violence (Family Code § 6.702(c))
Contested vs. Uncontested Divorce
- A contested divorce means you and your spouse don’t agree on issues like child custody, spousal support, or property division.
- An uncontested divorce means you agree on everything, and the process is usually faster and less expensive.
If your situation involves complex property or children, working with a family law attorney in Texas can make a major difference.
What Happens to Property and Assets?
Texas is a community property state (Texas Family Code § 3.002). This means any assets or debts acquired during the marriage are typically split between the spouses.
- Some examples of community property:
- Income earned during the marriage
- Cars, homes, or retirement accounts acquired after marriage
Separate property (owned before marriage or inherited individually) is not split.
A divorce asset split or marriage asset division can be complex, especially in a high net worth divorce. An experienced DFW divorce attorney can help ensure your property rights are protected.
Prenuptial and Postnuptial Agreements
If you have a prenuptial agreement, this can guide how assets are divided. A prenuptial agreement lawyer ensures the agreement is valid and enforceable under Texas law (Texas Family Code § 4.001–4.010).
No prenup? A postnuptial agreement can still define what happens if the marriage ends. Postnuptial agreement services can help couples avoid future disputes.
Spousal Maintenance and Support (Texas Family Code § 8.001–8.056)
Spousal maintenance (commonly called alimony) isn’t automatic in Texas. To qualify, the requesting spouse must show:
- The inability to meet basic needs after the divorce
- The marriage lasted at least 10 years, or
- The other spouse committed family violence
A spousal maintenance attorney can help build a case if you believe you qualify, or protect your finances if you’re being asked to pay.
Parenting and Child-Related Issues
Divorce affects children too. Texas courts prioritize the best interests of the child (Texas Family Code § 153.002). This includes:
- Custody (called conservatorship)
- Visitation (called possession and access)
- Child support
Turner-Monahan’s family and divorce lawyers handle custody and visitation matters across Tarrant County and surrounding areas.
What If My Spouse Is in the Military?
The Texas Family Code lays the legal foundation for all divorce-related matters:
- § 6.301 – Residency requirement
- § 6.702 – 60-day waiting period
- § 3.002 – Community property definition
- § 8.051 – Eligibility for spousal maintenance
- § 4.001 – Prenuptial agreements
- § 153.002 – Best interest of the child
Understanding these rules can help you prepare and make better decisions. A Texas divorce attorney will use this code to guide your case through the courts.
Turner-Monahan PLLC: Experienced Family Law Representation You Can Trust
At Turner-Monahan PLLC, we’ve been helping families across Fort Worth and Tarrant County for over 50 years. Whether you’re facing a contested divorce, need help with custody, or have questions about property division, our team is here for you.
We offer:
- Free divorce consultation Texas-wide
- Support for both men and women (divorce attorney for women, divorce lawyers for men)
- Strategic help with legal separation, divorce asset split, and family law rights
- Compassionate service with strong legal knowledge
If you’re looking for the best divorce attorney in Fort Worth, or simply need fast, honest answers, Turner-Monahan is ready to guide you with clarity, confidence, and care.
Your peace of mind matters, and at Turner Monahan, we’re ready to help you protect it. Schedule a free, no-obligation consultation with Attorney Tyler Monahan to discuss the details.
Disclaimer
The commentary and opinions are for informational and educational purposes only and are not intended to provide legal advice. You should contact an attorney in your state to obtain legal advice concerning any particular issue or problem. You can become a client and enter the attorney-client privilege only after hiring Turner-Monahan, PLLC, by signing a written retainer agreement.
