Filing in Denton County
Frisco's other county, and why the address decides.
The 60-day wait, and why it is not the timeline
A Texas court cannot grant a divorce before the 60th day after the petition is filed (Tex. Fam. Code § 6.702). People hear "60 days" and plan around it. That number is a floor, not an estimate. It is the shortest a fully agreed divorce with no children and no contested property can take.
What actually sets the length is disagreement. An agreed case where both spouses have already decided who keeps the house can finish shortly after the waiting period. A case with a business to value, a custody dispute, or a spouse who will not produce financial records runs on the court's docket, and the docket belongs to the county.
How This Plays Out in Practice
Frisco's other county, and why the address decides. 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
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.
Can I file for divorce if my spouse does not agree?
Yes. Texas does not require both spouses to agree to the divorce. One spouse's assertion of insupportability is enough. A spouse who refuses to participate can slow the case down through service and discovery problems, but cannot prevent the divorce from being granted.