Divorce · 2024-07-20 · 15 min read · Daniel
How to File for Divorce in Texas: Complete Step-by-Step Guide (2026)
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.
Texas 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.
| Ground | Description | Statute |
|---|---|---|
| Insupportability | No-fault; "discord or conflict of personalities" | §6.001 |
| Cruelty | Spouse's conduct makes further living together insupportable | §6.002 |
| Adultery | Voluntary sexual relations outside marriage | §6.003 |
| Felony Conviction | Convicted of felony and imprisoned at least 1 year | §6.004 |
| Abandonment | Left with intent to abandon, gone 1+ year | §6.005 |
| Living Apart | Lived apart 3+ years without cohabitation | §6.006 |
| Mental Hospital | Spouse confined in mental hospital 3+ years | §6.007 |
The 7-Step Filing Process
- 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).
- Pay the filing fee — Approximately $271–$350 in Ector County. Fee waivers available for low income filers (Statement of Inability to Afford Payment).
- 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.
- Spouse files Answer — Has 20 days + the next Monday at 10am to respond. Failure to answer = default judgment possible.
- Temporary orders hearing (if needed) — Within 14 days of request. Covers temporary custody, support, possession of home, etc.
- 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.
- 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.
Property 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 Property | Separate Property |
|---|---|
| Earnings during marriage | Property owned before marriage |
| Assets purchased with marital income | Gifts received during marriage |
| Retirement accumulated during marriage | Inheritances |
| Business income earned during marriage | Personal 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
Children, 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 Type | Timeline | Estimated Cost |
|---|---|---|
| Uncontested, no children | 60–75 days | $1,500 – $3,000 |
| Uncontested, with children | 75–120 days | $2,500 – $5,000 |
| Mildly contested | 4–8 months | $5,000 – $10,000 |
| Highly contested | 9–18 months | $15,000 – $50,000+ |
| Trial | 12–24 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 — Case EvaluationFrequently 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 case evaluations.
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 case evaluation 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.