Texas Divorce Laws: 60-Day Wait, Alimony, Adultery and Separation

Last verified October 26, 2026 against current Texas law

Texas divorce laws are simpler than most people expect on the first step and harder on the details. You do not have to prove your spouse did anything wrong to end a marriage here. But the state has no legal separation, a firm 60-day waiting period, strict limits on alimony, and community property rules that decide who keeps what. This page explains how the process works, what the statutes say about adultery and cheating, when spousal support is possible, and what changed in 2025.

Fault required?	No. A court can grant a divorce when the marriage is insupportable. Family Code § 6.001
Residency	One spouse in Texas for 6 months and in the filing county for 90 days. Family Code § 6.301
Waiting period	60 days after the petition is filed, with a family violence exception. Family Code § 6.702
Legal separation	Not available in Texas
Adultery	Not a crime. It is a fault ground and can affect property division. Family Code §§ 6.003, 7.001
Alimony (spousal maintenance)	Limited to set situations and capped at the lesser of $5,000 a month or 20% of income. Family Code §§ 8.051, 8.055
Property	Community property state. A judge divides it in a “just and right” way. Family Code § 7.001
Recent changes	2025 laws on void decrees, undivided property and protective orders, mostly effective September 1, 2025

How Texas divorce laws work: residency, grounds and the 60-day wait

You can file in Texas if you or your spouse has lived in the state for the previous six months and in the county where you file for the previous 90 days. The rule is in Family Code § 6.301, and it only needs to be true of one spouse. If you moved here three months ago but your spouse has lived here for years, your spouse’s time counts.

The court cannot grant the divorce until the 60th day after the petition was filed. That wait comes from Family Code § 6.702. It is waived only when the other spouse was convicted of, or received deferred adjudication for, a family violence offense against you or a household member, or when the court finds you hold an active protective order or magistrate’s emergency protection order based on family violence committed during the marriage.

Most Texans use the no-fault ground. Under Family Code § 6.001, a court can grant a divorce when the marriage has become insupportable because of discord or conflict that destroys the purposes of the marriage and leaves no reasonable hope of getting back together. The statute also lists fault grounds, which you can plead if you want to.

Ground	What the statute requires	Section
Cruelty	Cruel treatment that makes living together insupportable	§ 6.002
Adultery	The other spouse committed adultery	§ 6.003
Felony conviction	Convicted of a felony, imprisoned at least one year in a penitentiary and not pardoned	§ 6.004
Abandonment	Left with intent to abandon and stayed away at least one year	§ 6.005
Living apart	Lived apart without cohabitation for at least three years	§ 6.006
Mental hospital	Confined in a mental hospital at least three years when suit is filed, with recovery unlikely or relapse probable	§ 6.007

Fault grounds are optional, and many people file on insupportability alone.

Is adultery illegal in Texas, and does cheating matter in a divorce?

No. The Texas Penal Code has no offense of adultery, so cheating on a spouse, infidelity and an affair are not crimes. You cannot be arrested for them. They matter only in the divorce case.

Adultery is a listed ground under Family Code § 6.003. A judge can also treat fault as one factor when dividing the marital estate. The Supreme Court of Texas recognized that in Murff v. Murff, 615 S.W.2d 696 (Tex. 1981), and the “just and right” standard in Family Code § 7.001 gives the judge room to do it.

Money is where an affair most often changes the outcome. If your spouse spent shared savings on an affair partner, you can ask the court to treat that as fraud on the community estate under Family Code § 7.009. The judge can then rebuild the estate as if the money had not been spent and award you a larger share or a money judgment.

One more point surprises people. You cannot sue the person your spouse had the affair with. Family Code § 1.106 says a right of action for criminal conversation is not authorized in Texas, and § 1.107 says the same about alienation of affection.

Does Texas have legal separation?

No. Texas does not recognize a legal separation, so spouses who live apart stay legally married until a court grants a divorce. If you search for how to file for legal separation in Texas, there is no petition to file.

People who want some of the protection of separation use other tools:

• Temporary orders. Once a divorce is filed, Family Code § 6.502 lets the court order a sworn inventory, support payments, exclusive use of the home, limits on spending and more while the case is pending.
• A separation or partition agreement. Spouses can sign a written contract that sets property, support and parenting terms. Family Code § 4.102 lets spouses partition community property at any time, so what each receives becomes that spouse’s separate property.
• A protective order. If family violence is involved, a protective order can set who stays in the home and who has access to children.

A separation agreement can be harder to enforce than a divorce decree, so have a Texas family law attorney draft it. Spouses who are separated but not divorced remain legally married, which can have financial consequences.

Texas alimony laws: when spousal maintenance is possible

Texas calls alimony spousal maintenance, and it is the exception, not the rule. Under Family Code § 8.051, a court can order it only if the spouse asking will lack enough property, including separate property, to meet minimum reasonable needs, and one of these is also true:

• The other spouse was convicted of, or received deferred adjudication for, a family violence offense against the spouse or the spouse’s child, committed during the marriage, within two years before the divorce was filed or while it is pending.
• The spouse asking cannot earn enough because of an incapacitating physical or mental disability.
• The marriage lasted 10 years or more and the spouse asking cannot earn enough to meet minimum reasonable needs.
• The spouse asking is the custodian of a child of the marriage who needs substantial care because of a disability.

The amount is capped. A court cannot order maintenance of more than the lesser of $5,000 a month or 20 percent of the paying spouse’s average monthly gross income, under Family Code § 8.055. Length depends on the marriage, as Family Code § 8.054 sets out.

Length of marriage	Longest maintenance order
Under 10 years (family violence basis) or 10 to 20 years	Up to 5 years
20 to 30 years	Up to 7 years
30 years or more	Up to 10 years

Longer orders are possible when a disability, or care of a young or disabled child, prevents the spouse from earning. Maintenance ends if either spouse dies or the receiving spouse remarries, and a court must end it after a hearing if the receiving spouse lives with a dating or romantic partner on a continuing basis. Those rules are in Family Code § 8.056.

Texas community property laws: how the house, accounts and debts get divided

Texas is a community property state. Property either spouse acquires during the marriage is community property under Family Code § 3.002, and property possessed at the end of the marriage is presumed to be community. To claim something as separate, such as an inheritance or a pre-marriage account, you must prove it by clear and convincing evidence under Family Code § 3.003.

Community property does not mean a 50/50 split. The judge must divide it in a manner that is “just and right” with due regard for each spouse and any children, under Family Code § 7.001. A judge may give one spouse a larger share because of fault, income gaps, health or other facts. Louisiana and New Mexico also use community property rules. Oklahoma and Arkansas do not.

Can you get an online divorce in Texas?

Yes, in part. You can complete the paperwork online and e-file it. Self-represented parties may e-file, though only attorneys are required to. A judge still has to grant the decree, and you may need a short court appearance to finalize an uncontested case.

In November 2012 the Supreme Court of Texas approved uniform forms called Divorce Set One for uncontested divorces with no children and no real property. Courts may not reject the forms because you used them without a lawyer. If you cannot afford fees, you can file a Statement of Inability to Afford Payment of Court Costs.

Real situations under Texas divorce law

Your spouse drained the savings for an affair

Keep bank statements, card records and transfers. They support a fraud on the community claim under Family Code § 7.009, and they help a judge decide whether an unequal division is just and right.

You fear for your safety

If your spouse has a family violence conviction or deferred adjudication, or you hold an active protective order, the 60-day wait does not apply to your case.

Divorce rules in Austin and Houston

The statutes are the same in every county. What differs is local practice. In Austin, the Travis County district courts have a standing order for family law cases filed since January 1, 2020. In divorces it bars both spouses from hiding or wasting property, running up debt, withdrawing money except for permitted purposes, changing insurance beneficiaries, or cutting off a spouse’s credit cards and utilities. It is enforceable by contempt.

Houston and Harris County follow the same state statutes, so check the district clerk where you file for local forms.

Timeline: recent changes to Texas divorce law

Date	What happened
June 20, 2025	House Bill 2240 took effect. It set a 30-day deadline (90 days for certain service members) for a putative spouse to void a later marriage, and created a suit to declare a divorce or annulment decree void when the court lacked jurisdiction.
September 1, 2025	House Bill 1916 confirmed continuing jurisdiction over undivided property. Senate Bill 1120, mainly a crime victims’ rights law, extended certain family violence protective orders to two years after a divorce decree becomes final.
2026	We found no 2025 law that changed the grounds, the 60-day wait, the residency rules or the maintenance caps. The next regular session starts in January 2027.

Frequently asked questions

Is adultery illegal in Texas?

No. The Texas Penal Code has no adultery offense, so an affair is not a crime. It remains a fault ground for divorce under Family Code § 6.003, and a judge may consider it when dividing property under § 7.001. Spending shared money on an affair can also support a fraud on the community claim.

Does Texas recognize legal separation?

No. Texas has no legal separation, so there is no petition to file. Spouses can sign a written separation agreement, ask for temporary orders after filing for divorce, or seek a protective order when family violence is involved. Until a divorce decree is signed, you remain legally married.

How long does a divorce take in Texas?

At least 60 days. Family Code § 6.702 bars a court from granting a divorce before the 60th day after the petition is filed. An agreed case can finish soon after that. A contested case with children, businesses or disputed property can take many months, depending on the court and the issues.

Is online divorce legal in Texas?

Yes, in the sense that you can prepare and e-file the papers online, and self-represented parties are allowed to e-file. A judge still must approve the decree. You may need a brief hearing to finalize it, so ask the district clerk in your county how uncontested cases are handled.

Can I get alimony in Texas?

Possibly, but only in limited cases. Under Family Code § 8.051 you must lack enough property for minimum reasonable needs and also meet a test, such as a family violence conviction, a disability, a marriage of 10 years or more with inability to earn, or care of a disabled child. The monthly cap is the lesser of $5,000 or 20 percent of income.

If this affects you: if you are thinking about filing, or you have been served, speak with a Texas-licensed family law attorney before you move money, sign an agreement or leave the home. Cases with children or family violence need extra care, and the Texas Attorney General’s Child Support Division can help with support questions. See how the formula works in our guide to Texas child support laws. This guide is general legal information, not advice for your situation. Our marriage, family and relationship guides cover related topics, including common law marriage in Texas, which also ends only through divorce. Read how we research every guide in our editorial policy, or report an error.