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Divorce
July 20, 2024
15 min read
Daniel

How to File for Divorce in Texas: A Comprehensive Guide

📚 TL;DR (Quick Summary)

To file for divorce in Texas: (1) Meet 6-month Texas residency + 90-day county residency requirement, (2) File Original Petition in district court ($271–$350 in Ector County), (3) Serve spouse, (4) Wait mandatory 60-day cooling-off period, (5) Finalize decree. Uncontested: 60–90 days, $1,500–$3,000. Contested: 6–12 months, $5,000–$15,000+. No-fault grounds: 'insupportability.' Texas is a community property state.

60-day
mandatory waiting period after filing
TX Family Code §6.702
$271
average filing fee in Ector County
Texas Courts 2025
50/50
community property starting presumption
TX Family Code §7.001

1Texas Divorce Requirements

Before you can file for divorce in Texas, you must meet specific residency and jurisdictional requirements.

📋 Texas Residency Requirements (TX Family Code §6.301)

  • State residency: Either spouse must have lived in Texas for at least 6 months
  • County residency: Either spouse must have lived in the filing county for at least 90 days
  • Military exception: Active-duty military stationed in Texas count toward residency

Grounds for Divorce in Texas

Texas allows both no-fault and fault-based grounds. Most Odessa divorces are filed as no-fault.

GroundDescriptionStatute
InsupportabilityNo-fault; "discord or conflict of personalities"§6.001
CrueltySpouse's conduct makes further living together insupportable§6.002
AdulteryVoluntary sexual relations outside marriage§6.003
Felony ConvictionConvicted of felony and imprisoned at least 1 year§6.004
AbandonmentLeft with intent to abandon, gone 1+ year§6.005
Living ApartLived apart 3+ years without cohabitation§6.006
Mental HospitalSpouse confined in mental hospital 3+ years§6.007

2The 7-Step Filing Process

  1. Prepare the Original Petition for Divorce — Drafted to identify both spouses, children, property, and requested relief. Filed at the Ector County District Clerk's office (300 N. Grant Ave, Odessa).
  2. Pay the filing fee — Approximately $271–$350 in Ector County. Fee waivers available for low income filers (Statement of Inability to Afford Payment).
  3. Serve your spouse — Personal service via constable, sheriff, or private process server. Cost: ~$75–$150. Waiver of Service is faster and cheaper if your spouse will cooperate.
  4. Spouse files Answer — Has 20 days + the next Monday at 10am to respond. Failure to answer = default judgment possible.
  5. Temporary orders hearing (if needed) — Within 14 days of request. Covers temporary custody, support, possession of home, etc.
  6. 60-day waiting period — Texas requires 60 days from filing before the divorce can be finalized (TX Family Code §6.702). No exception except family violence.
  7. Final hearing — Uncontested: 10-minute prove-up hearing. Contested: full trial. Judge signs the Final Decree of Divorce.

⚠️ Filing in the Right Court

In Odessa, divorces are filed at the Ector County District Court. There are multiple district courts (70th, 161st, 358th). Your case will be randomly assigned. Each judge has different preferences for trial format — your attorney's familiarity with local judges matters.

Facing this situation in Texas?

Our attorneys handle divorce cases in Ector and Midland counties every week. Your consultation is confidential — English or Spanish.

3Property Division in Texas

Texas is one of nine community property states. This significantly affects how assets and debts are divided.

Community vs. Separate Property

Community PropertySeparate Property
Earnings during marriageProperty owned before marriage
Assets purchased with marital incomeGifts received during marriage
Retirement accumulated during marriageInheritances
Business income earned during marriagePersonal injury settlements (with exceptions)

Community property is divided in a "just and right" manner — usually but not always 50/50. Texas judges may award disproportionate shares based on fault, earning capacity, fault in the breakup, education levels, and other factors (Murff v. Murff, 615 S.W.2d 696).

High-Value Assets to Address

  • Oil and gas royalties — Common in Permian Basin divorces. Mineral rights characterization is complex.
  • Retirement accounts — Requires Qualified Domestic Relations Order (QDRO)
  • Business interests — Often require business valuations
  • Real estate — Marital home, investment properties, ranches
  • Pensions (military, teacher, oil company) — Specialized division rules

4Children, Costs, and Timeline

If You Have Children

Texas uses the term "conservatorship" instead of custody. Default presumption: Joint Managing Conservators (both parents share major decisions), with one parent designated to determine the child's primary residence.

  • Standard Possession Order (SPO) — First, third, and fifth weekends, Thursday evenings, alternating holidays, and 30 days in summer
  • Extended SPO — Available on request; gives the non-primary parent more weekday time
  • 50/50 possession — Increasingly common in Ector County when both parents live nearby
  • Child support — 20% of net resources for 1 child, 25% for 2, 30% for 3, etc. (TX Family Code §154.125)

Realistic Cost Estimates

Case TypeTimelineEstimated Cost
Uncontested, no children60–75 days$1,500 – $3,000
Uncontested, with children75–120 days$2,500 – $5,000
Mildly contested4–8 months$5,000 – $10,000
Highly contested9–18 months$15,000 – $50,000+
Trial12–24 months$25,000 – $100,000+

Considering Divorce in Odessa?

Robles Family Law has handled 500+ divorces in Ector County. We offer flat-fee uncontested divorces and aggressive representation for contested matters.

Call (432) 366-6000 — Consultation

?Frequently Asked Questions

How long does a divorce take in Texas?+
The absolute minimum is 60 days due to the mandatory waiting period under Texas Family Code §6.702. Uncontested divorces typically finalize in 60–90 days. Contested divorces in Ector County average 6–12 months. Highly contested cases with trial can take 18–24 months.
How much does a divorce cost in Odessa, TX?+
Filing fees in Ector County are approximately $271–$350. Total attorney costs range from $1,500 (simple uncontested) to $25,000+ (highly contested with trial). Robles Family Law offers flat-fee uncontested divorces and consultations.
Do I need a reason to file for divorce in Texas?+
No. Texas allows no-fault divorce under the ground of 'insupportability' (TX Family Code §6.001). You only need to state that the marriage has become unsupportable due to discord. You can also file on fault grounds (adultery, cruelty, etc.) if applicable, which may affect property division.
Can I file for divorce without a lawyer in Texas?+
Yes — it's called pro se representation. However, even uncontested divorces involve precise legal language. Errors can leave you unprotected. We recommend at minimum a consultation with an attorney to review your paperwork before filing.
What is community property in Texas?+
Community property is everything acquired during marriage (income, assets, debts) other than gifts, inheritances, and pre-marital property. Texas presumes a 'just and right' division — usually but not always 50/50. Mineral rights, oil/gas royalties, and businesses require special valuation.
What is the 60-day waiting period in Texas?+
Texas Family Code §6.702 requires 60 days between filing the Original Petition and finalizing the divorce. The only exception is when family violence has been proven. The waiting period is a 'cooling-off' period to allow possible reconciliation.
Can I get alimony in Texas?+
Texas calls it 'spousal maintenance.' It's awarded sparingly under TX Family Code §8.051 — generally requires either family violence within 2 years of filing, OR a 10+ year marriage with the requesting spouse unable to earn enough. Caps: $5,000/month or 20% of payor's gross income, for limited duration.
How is child support calculated in Texas?+
Texas uses statutory guidelines based on the non-custodial parent's net resources: 20% for 1 child, 25% for 2, 30% for 3, 35% for 4, 40% for 5+. Capped at net resources of $9,200/month (as of 2025). Special needs and high-income cases can deviate from guidelines.
Can my spouse refuse the divorce in Texas?+
No. Texas is a no-fault divorce state. If one spouse wants the divorce, the court will grant it regardless of the other spouse's objections. The other spouse can contest property division, custody, and support — but not the divorce itself.
What if my spouse lives in another state?+
You can still file in Texas if you meet residency requirements. The court will have jurisdiction over the divorce itself. However, the court may lack 'personal jurisdiction' to divide out-of-state property or enter binding child support orders against an out-of-state spouse. This requires careful strategy from an experienced attorney.

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D

Written by Daniel

Legal expert with over 15 years of experience in family law. Dedicated to helping clients navigate complex legal situations with compassion and expertise.

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