Divorce in Texas: What You Need to Know

Understanding Divorce Law in Texas

Texas is a no-fault divorce state, which means you don't need to prove wrongdoing by your spouse to get divorced. However, understanding the process and your rights is crucial for protecting your interests.

Grounds for Divorce in Texas

Texas recognizes both fault and no-fault grounds for divorce:

• No-fault: Insupportability (irreconcilable differences)
• Fault-based: Adultery, cruelty, abandonment, imprisonment, or living apart

Residency Requirements

To file for divorce in Texas:

• You or your spouse must have lived in Texas for at least 6 months
• You must have lived in the county where you're filing for at least 90 days

Property Division in Texas

Texas follows community property laws, meaning:

• Community property is divided "just and right" (not necessarily 50/50)
• Separate property remains with the original owner
• Property acquired during marriage is generally community property
• Property owned before marriage or received as a gift/inheritance is separate

Child Custody and Support

Texas courts prioritize the best interests of the child when determining:

• Conservatorship: Legal decision-making authority
• Possession and access: Physical custody and visitation
• Child support: Based on state guidelines considering income and number of children

Spousal Support (Alimony)

Spousal maintenance in Texas is limited and only awarded when:

• The marriage lasted 10+ years and the requesting spouse lacks earning ability
• The spouse seeking support has a disability
• The spouse is caring for a disabled child
• Domestic violence occurred within 2 years of filing

The Divorce Process

1. Filing the petition: One spouse files for divorce
2. Service of process: The other spouse is officially notified
3. Response: The other spouse has 20 days to respond
4. Discovery: Both parties exchange financial information
5. Negotiation/Mediation: Attempt to reach agreements
6. Trial: If no agreement, the court decides
7. Final decree: The divorce is finalized

Waiting Period

Texas has a 60-day waiting period from the date of filing before a divorce can be finalized, except in cases of domestic violence.

When to Hire an Attorney

Consider hiring a family law attorney if:

• You have significant assets or debts
• Child custody is contested
• Your spouse has an attorney
• There are complex financial issues
• Domestic violence is involved

Important: This information is general in nature and doesn't constitute legal advice. Divorce laws can be complex, and every situation is unique. Consult with a qualified family law attorney for advice specific to your circumstances.