Ending a marriage is a significant life event, and in Texas, the divorce process is governed by specific laws that everyone should understand before filing. To obtain a divorce in Texas, one spouse must have been a domiciliary of the state for at least six months and a resident of the specific county for at least 90 days.
While Texas is a no-fault divorce state that allows divorces based on “insupportability,” fault-based grounds like adultery or cruelty can also be considered, potentially impacting the division of marital property and spousal support.
Because Texas is a community property state, all marital property is typically divided in a “just and right” manner, but a judge can adjust this based on various factors. There’s also a mandatory 60-day waiting period from the date of filing the divorce petition before a divorce decree can be finalized and entered by the Court.
Key Takeaways
- Meet residency requirements before filing: You or one spouse must be living in Texas for six months and be a resident of the specific county for 90 days.
- Understand property division: Texas follows community property rules, meaning marital property is divided in a manner the court deems “just and right.”
- Know the 60-day waiting period: A judge cannot finalize a divorce decree until at least 60 days have passed since filing the petition.
- Consider no-fault vs. fault divorce: Texas allows for uncontested divorce proceedings based on insupportability, but fault grounds can influence property division and spousal support.
- Prioritize children’s best interests: All custody and child support decisions are made with the child’s best interests as the primary focus.
The Basics of Filing for Divorce in Texas
Filing for divorce in Texas begins with an Original Petition for Divorce. This petition is filed with the court in the county where either you or your spouse has resided for the last 90 days. The petitioner must ensure the other spouse, the respondent, is properly notified through a process called service of citation. An uncontested divorce can significantly streamline the process when both parties agree on major issues.
Residency and Grounds for Divorce
To file for divorce in Texas, you or your spouse must meet the state’s residency requirements. At least one spouse must have been living in Texas for at least six months and be a resident of the county where you file for at least 90 days.
Texas is a no-fault divorce state that allows for both no-fault and fault-based divorce proceedings. A no-fault divorce can be granted on grounds of “insupportability because of discord or conflict of personalities that destroys the legitimate ends of the marital relationship and prevents any reasonable expectation of reconciliation.” This approach often leads to an uncontested divorce and is the most common ground for divorce in Texas.
Alternatively, a divorce can be granted on fault-based grounds, which include:
- Cruelty
- Adultery
- Felony conviction (with imprisonment for at least one year and without pardon)
- Abandonment (leaving with intent to abandon and remaining away for at least one year)
- Living apart without cohabitation for at least three years
- Confinement in a mental hospital (for at least three years with unlikely adjustment)
Community Property and Division of Assets
Texas follows community property rules, but the actual division is more nuanced than a simple 50/50 split. Marital property (community property) acquired during the marriage is owned equally by both spouses, while separate property (assets owned before marriage, inheritances, and gifts) is not subject to division during the divorce process.
In a divorce, a judge will divide the community property “in a manner that the court deems just and right, having due regard for the rights of each party and any children of the marriage.” While this often results in a close to equal division, the court can order an unequal division based on various factors including fault, health, and earning potential.
Child Custody and Support
When children are involved, custody and child support are major considerations in any family law matter. In Texas, the law presumes that joint managing conservatorship (where both parents make important decisions) is in the child’s best interest. One spouse will typically be designated as the parent with the right to determine the child’s primary residence.
Child support is calculated based on the non-custodial parent’s net monthly resources using specific guidelines:
- 1 child: 20% of net resources
- 2 children: 25% of net resources
- 3 children: 30% of net resources
- 4 children: 35% of net resources
- 5+ children: 40% of net resources
These child support payments ensure consistent financial support for the child’s needs through family court orders.
Spousal Support and Maintenance
Texas has very restrictive provisions for spousal support, also known as spousal maintenance. Under Texas Family Code Chapter 8, spousal maintenance is only available in specific, limited circumstances where one spouse lacks sufficient property to meet minimum reasonable needs and meets strict eligibility requirements.
Spousal support may be awarded only if:
- One spouse was convicted of or received deferred adjudication for family violence within two years before filing or while the suit is pending
- The spouse seeking support is unable to earn sufficient income due to incapacitating physical or mental disability
- The marriage lasted 10 years or longer and the spouse lacks ability to earn sufficient income for minimum reasonable needs
- The spouse is caring for a disabled child of the marriage requiring substantial care
Spousal maintenance is strictly limited to the lesser of $5,000 per month or 20% of the paying spouse’s average monthly gross income. The duration is also limited based on marriage length – typically 5 years for marriages under 20 years, 7 years for marriages of 20-30 years, and 10 years for marriages over 30 years. Temporary spousal support may be awarded during divorce proceedings, and courts consider factors like education, employment skills, age, and financial support needs when determining spousal support awards.
The 60-Day Waiting Period
Texas law requires a 60-day waiting period from the date the divorce papers are filed before a judge can finalize the divorce decree. This period is intended to give parties time to reflect on their decision to divorce and attempt to settle their matter without court involvement. There are limited exceptions to this rule for cases involving family violence where the respondent has been convicted of or received deferred adjudication for family violence, or where an active protective order exists.
Conclusion
Understanding the fundamentals of Texas divorce law is the first step toward a smoother divorce process. Knowing the residency requirements, grounds for divorce, how marital property is divided, the very limited spousal support options, and the waiting period can help you prepare for what lies ahead.
If you are considering a divorce, it’s important to have an experienced family court attorney on your side. Our team can help you understand your rights and options and guide you through every step of the divorce proceedings. Contact us today to schedule a consultation.
