Texas Divorce Basics


Basics of Texas Divorce

What does it take to get divorced in Texas?

To get divorced in Texas you need at least these three things:

  1.  a valid marriage,
  2.  to have lived in Texas for 6 months and, 
  3.  to have lived in the county that where you want to file for divorce for 90 days.


The marriage can be a formal marriage or an informal marriage which people call ‘common-law marriage’.  If you think you have a common-law marriage, we will talk about these things: living together, intent or agreement to be married and representing yourselves as husband and wife or filing a declaration of an informal marriage.  For example, did you agree to be married, live together and file taxes together or have insurance policies as husband and wife?


Once we establish a marriage, we will talk about the divorce.  A Texas divorce can be granted on these grounds: adultery, cruelty, conviction of felony, abandonment, living apart, or confinement in mental hospital.  It can also be granted, as a ‘no-fault divorce’, as being ‘insupportable’.  Insupportability means that neither the husband nor wife has to plead or testify that the other one committed ‘bad acts’ to be granted a divorce.

Texas Resident Requirements for Divorce

The State of Texas requires that you live in Texas for 6 months and the specific county where the divorce is filed for 90 days before filing the first pleading asking the court to grant a divorce.  So, if you and your spouse live in Denton County.  You move out and move to Collin County.  You have to live there for 90 days before you can file for divorce in that county.  But, you could file in Denton County before you move out.  But, if you have kids and are thinking about moving out with the kids that has other issues as well.

These are the basic principles.  The details of your life are probably more interesting than this and you should consult with an attorney regarding your particular case.

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Contact Jill with your Denton County divorce questions, at 940-497-5454.