- What do you need to prove for a Texas divorce?
- What are the requirements to file?
- How to file for a no-fault divorce in Texas
Texas is a no-fault divorce state, meaning you can get a divorce without telling a Texas court what the other party did wrong. The no-fault status also means you can get a divorce even if your spouse doesn’t want one.
You don’t have to prove any wrongdoing to apply for a divorce in Texas. But you must meet residency requirements to use the courts. Paperwork starts the divorce process.
What do you need to prove for a Texas divorce?
In some states, one party must demonstrate that the other person did something that ruined the marriage. Proof of infidelity, fraud, or abuse may be required to push a divorce through the court system in these states. Texas offers people a different option.
Texas law offers one situation (or grounds) you can cite for a no-fault divorce. If your marriage fails due to "discord or conflict of personalities" and you can't solve the issue, you can cite insupportability. Essentially, you tell the Texas court that your marriage is over because you say it's over.
Your spouse can't prove that the marriage is supported. If you cite insupportability, your divorce can proceed even if your spouse disagrees. As long as one spouse wants out, the Texas judge will grant the divorce. You don't need to prove anything to make this happen.
Suggested: How to File an Uncontested Divorce in Texas
What are the requirements to file for a no-fault divorce in Texas?
While you're not required to file proof of a mistake to get a no-fault divorce, you do have to meet one important requirement. To use Texas courts, you must prove residency.
To file for any Texas divorce, you must meet the following requirements:
- Residency within the state (either you or your spouse) for the six months before filing
- Residency within the county in which you’re filing (either you or your spouse) for the 90 days before filing
How to file for a no-fault divorce in Texas
Courts in your Texas county accept paperwork that begins the divorce process for you. Find your court, and prepare for a visit.
These two divorce petitions are available through the Texas system:
Fill out the right form for your situation, make two copies, and bring all three documents to your court. The clerk will stamp your forms, keep one copy, and return the others to you.
With this step completed, you have officially filed for divorce.
Have Questions About Divorce? Don't Know Where to Start?
ReferencesFamily Code, Chapter 6, Subchapter A: Grounds for Divorce and Defenses. (April 1997). State of Texas.
Filing for Divorce with Children. (January 2023). TexasLawHelp.org.
Out of State. State Bar of Texas.