Divorce in Texas is a Lengthy Process

If you’re hoping for a speedy divorce, it probably won’t happen. Texas law requires a 60-day waiting period between the date the petition is filed and the date of divorce. It typically takes about six months to one year or longer to finalize a divorce, depending on the complexity of the issues and the degree of conflict between the parties.

Does it matter which spouse files for divorce?

No.  There is no particular advantage to being the first person to file (the “Petitioner”).

Do I have to prove fault of the other spouse in order to get a divorce?

No. In the State of Texas, divorces are commonly granted on no-fault grounds based upon the marriage’s “insupportability,” without regard to fault, wrongdoing, or marital misconduct on the part of one spouse.   However, a court may take fault into consideration if, during the marriage, one of the parties engaged in cruel treatment; committed adultery; abandoned their spouse; was convicted of a felony; confined to a mental hospital; or, had the parties lived apart for at least three years without cohabitation.