Filing in Collin County
The courthouse, the local rules, and the 90-day clock.
What Texas actually requires before you can file
Two clocks have to have run before a Texas court will hear your case. One of you must have been a domiciliary of Texas for the six months before filing, and a resident of the county you file in for the 90 days before filing (Tex. Fam. Code § 6.301). Move here in March and you cannot file in September in a county you reached in August — the state clock is satisfied and the county clock is not.
The ground for most Texas divorces is insupportability (Tex. Fam. Code § 6.001), which means the marriage has become insupportable because of discord that destroys the legitimate ends of the relationship. Nobody has to prove anybody did anything. Fault grounds still exist and still matter, mostly because fault can influence how a judge divides property — but the divorce itself does not depend on them.
How This Plays Out in Practice
The courthouse, the local rules, and the 90-day clock. The specifics turn on facts — the length of the marriage, what is in the estate, whether children are involved, and how much the two of you still agree on. What does not change is the framework: Texas courts apply the Family Code, and the outcome follows from how your facts meet it.
Lisa G. Garza handles these matters from the firm's Dallas and McKinney offices, for families throughout North Texas.
Questions
How long does a divorce take in Texas?
At an absolute minimum, 60 days from the date the petition is filed, because Texas Family Code § 6.702 bars the court from granting a divorce before the 60th day. Agreed cases often finish shortly after that. Contested cases — particularly ones involving custody, a business, or a spouse who will not produce records — commonly run several months to well over a year, and the county's docket has as much to do with it as the facts.
Do I need a reason to divorce in Texas?
No. Texas Family Code § 6.001 allows divorce on the ground of insupportability, which requires no proof of wrongdoing by either spouse. Fault grounds such as cruelty or adultery still exist, and they can affect how a judge divides the community estate, but they are not required to obtain a divorce.
Is everything split 50/50 in a Texas divorce?
No. Texas Family Code § 7.001 directs the court to divide the community estate in a manner that is just and right, having due regard for the rights of each party and any children. Judges routinely award more than half to one spouse based on earning capacity, fault, health, custody of children, or the size of each spouse's separate estate.
What is the difference between community and separate property?
Separate property is what a spouse owned before marriage, plus anything acquired during marriage by gift, devise or descent (Texas Family Code § 3.001). Everything else acquired during the marriage is presumed community property (§ 3.002). The presumption favors community, so the spouse claiming separate property carries the burden of proving it — usually with records tracing the asset back to its source.