Divorce in Texas (TX)

If you are considering a divorce in Texas, understanding the specific statutes that apply to your case is essential before you take any action. The rules governing residency, property division, support, and custody are set by state law — and Texas's framework differs in important ways from other states.

Key Requirements at a Glance

Grounds for Divorce in Texas

No-fault: insupportability (irreconcilable differences). Fault: adultery, cruelty, abandonment, felony conviction, living apart 3 years, confinement in mental hospital.

Because Texas is a no-fault state, courts do not examine marital misconduct when deciding whether to grant the divorce. However, fault can still be relevant in some states when determining property division or alimony.

Property Division: Community Property

Community property — all property acquired during marriage presumed community. Separate property (owned before marriage or received as gift/inheritance) is excluded.

Separate property — assets owned before the marriage, inherited during the marriage, or received as a personal gift — is generally excluded from division. However, separate property can become "commingled" with marital property and lose its separate character if not carefully maintained. Real estate mortgages, retirement accounts, and business interests are particularly complex and often require a forensic accountant or QDRO specialist.

Alimony & Spousal Support

Texas calls it "spousal maintenance." Awarded only in limited circumstances: marriage of 10+ years, domestic violence, or spouse has disabling condition. Max 20% of paying spouse's gross income.

Temporary support (also called alimony pendente lite) may be ordered during the proceedings to maintain the status quo. Post-divorce support is a separate determination. Either party can request modification if there is a substantial change in circumstances — such as job loss, disability, or remarriage of the recipient.

Child Custody & Parenting Time

Texas uses "conservatorship" — joint managing conservatorship (standard) or sole managing conservatorship. Standard possession order defines visitation schedule. Courts consider child's preference if 12+.

Courts distinguish between legal custody (decision-making authority over education, healthcare, and religion) and physical custody (where the child lives). Shared legal custody is common even when one parent has primary physical custody. Any parenting arrangement must be embodied in a written parenting plan submitted to and approved by the court.

Child support is calculated separately from custody and follows Texas's statutory formula based on each parent's income, the custody split, and allowable deductions (healthcare, childcare). Support orders can be enforced through wage garnishment and are modifiable upon substantial change in circumstances.

Step-by-Step Filing Process in Texas

1. File Original Petition for Divorce: File in district court of the county where you or your spouse has lived for 90 days. Pay filing fee.
2. Serve the Respondent: Sheriff, constable, or process server delivers Citation and Petition. Waiver of service also allowed.
3. Respondent Files Answer: Spouse has until first Monday after 20 days to respond. Failure to respond can result in default decree.
4. Mandatory 60-Day Waiting Period: Divorce cannot be finalized until 60 days after filing — no exceptions except in domestic violence cases.
5. Discovery and Negotiation: Exchange financial information. Negotiate property division, spousal maintenance, and conservatorship terms.
6. Final Decree of Divorce: File Agreed Final Decree (if uncontested) or attend trial. Judge signs decree which is effective immediately.

Disclaimer: This page is for general educational information only. Divorce laws change frequently. Consult a licensed attorney in Texas for advice specific to your situation.