When family changes shape, keep it on your terms.

One spouse (the petitioner) files a petition for divorce — in the county where either spouse lives, so long as that spouse has lived in Texas for at least six months and in that county for the preceding 90 days. If children are involved, the divorce should be filed in the county where they currently reside.

The other spouse (the respondent) must then receive notice — by a sheriff or process server, by signing a Waiver of Service, or by filing an answer or counterpetition. From there the case proceeds like a normal civil matter: discovery (typically a full accounting of every asset and debt), opportunities to negotiate and settle, or a trial before a judge or jury.

A Texas divorce can be granted 60 days after filing. In practice — court schedules, communication, and negotiation between spouses — it's often four to six months before a divorce is finalized, and hotly-contested divorces can last a year or more. The two exceptions to the 60-day requirement: a family violence conviction against you or a member of your household, or an active protective order against your spouse (Tex. Fam. Code § 6.702).

No. Texas allows no-fault divorce — “insupportability” in the law — which essentially means no one is blaming anyone else; the marriage just isn't working out.

The six grounds for an at-fault divorce are: adultery; cruelty (physical and/or mental abuse); a felony conviction that imprisoned your spouse for a year or more (as long as they weren't convicted on your testimony); abandonment of one year or more; voluntarily living apart for three years or more; or your spouse's confinement in a mental hospital for three years or more without likelihood of release (Tex. Fam. Code §§ 6.001–6.007).

Listing a reason means taking on the burden of proving your spouse did something wrong — and that because of it, you're entitled to a larger share of the community estate than the default. You'll need to prove it by a preponderance of the evidence, a standard that generally requires more than just your word: pictures, texts discussing the incidents, or witness testimony are enormously helpful.

It's also worth a candid conversation with your attorney about what you actually stand to gain — whoever decides your case is given a very wide range of discretion by law, which makes exact outcomes hard to predict.

Yes! Sections 6.601–6.604 of the Texas Family Code lay out the alternative dispute resolution methods available to divorcing spouses, and Texas courts often strongly encourage — if not outright require — formal settlement efforts before bringing a case in front of a judge or jury.

Settling is often the best option because it's when you have the most control over how your case ends. If your spouse is unable or unwilling to negotiate, Dalworth Legal will be with you every step of the way in court.