Divorce Laws in Texas

Texas Family Code § 6.001 through § 6.007 provide both no-fault and fault-based grounds for divorce. The no-fault ground is "insupportability" — the marriage has become insupportable due to discord or conflict of personalities that destroys the legitimate ends of the marriage and there is no reasonable expectation of reconciliation.

Fault grounds available in Texas include: - Cruelty (§ 6.002): Physical or verbal cruelty rendering living together insupportable. - Adultery (§ 6.003): One spouse committed adultery. This can affect property division. - Conviction of felony (§ 6.004): Imprisonment for at least 1 year. - Abandonment (§ 6.005): Left the marital home with intent to abandon for at least 1 year. - Living apart (§ 6.006): Continuous separation for at least 3 years. - Confinement in mental hospital (§ 6.007): Confined for at least 3 years.

Fault can significantly affect property division — a Texas court may award a greater share of community property to the innocent spouse.

Texas Family Code § 6.301 requires that the petitioner (or respondent) must have been a Texas domiciliary for at least 6 months and a resident of the filing county for at least 90 days immediately before filing. Both requirements must be satisfied by one spouse.

Military members stationed in Texas satisfy the residency requirement if Texas is their home state of record. If Texas is not their home state, they still qualify if they have been stationed in Texas for at least 6 months and in the county for 90 days.

Texas is a community property state, but under Texas Family Code § 7.001, the court divides community property in a "just and right" manner with due regard to the rights of each party and their children. This means division does not have to be exactly 50/50 — a Texas court can divide property unequally based on fault and other equitable factors.

Community property is all property acquired by either spouse during the marriage. Separate property — owned before marriage or received as a gift or inheritance during marriage — is not divisible. Texas has a strong presumption that property owned during marriage is community property; overcoming this presumption requires clear and convincing evidence.

If one spouse committed adultery or was guilty of cruelty, the court may award a disproportionate share of community property to the innocent spouse.

Texas calls post-divorce payments "spousal maintenance," governed by Texas Family Code § 8.051. Texas has historically been very restrictive about spousal maintenance — it is only available in limited circumstances: 1. The marriage lasted at least 10 years and the requesting spouse lacks sufficient property to meet minimum reasonable needs. 2. The requesting spouse is disabled (physically or mentally). 3. The requesting spouse is the primary caretaker of a disabled child. 4. The other spouse was convicted of family violence within 2 years of filing.

Maximum spousal maintenance is $5,000 per month or 20% of the paying spouse's gross monthly income (whichever is less). Duration limits apply based on marriage length: 5-year maximum for marriages 10-20 years, 7-year maximum for 20-30 year marriages, and 10-year maximum for 30+ year marriages.

Texas Family Code § 153.131 creates a rebuttable presumption that joint managing conservatorship (shared legal decision-making) is in the best interest of the child. Joint managing conservatorship does not necessarily mean equal possession time — it means both parents share rights and duties.

The standard possession order (SPO) under § 153.312 gives the non-primary parent the first, third, and fifth weekends each month, Thursdays during the school year, and extended time in summer. Courts may order an expanded SPO with more overnight visits.

Texas courts determine possession schedules based on the best interest of the child under § 153.002, considering factors including the desires of the child (if 12 or older), the emotional and physical needs of the child, stability of each home, and any history of family violence.

A Texas divorce begins with filing an Original Petition for Divorce in the district court (or county court with family jurisdiction) in the filing county. The petition is then served on the other spouse, who has until the first Monday after 20 days from service to file a response.

Texas has a mandatory 60-day waiting period after filing before the divorce can be granted — no exceptions except in cases involving family violence. During this time, parties may negotiate a settlement agreement.

For uncontested divorces, both parties sign an Agreed Final Decree of Divorce. For contested cases, mediation is strongly encouraged (and sometimes required by local rules) before trial. Texas does not require financial disclosure exchange in the same way California does, but each party has a duty to disclose material financial information.

Filing fees in Texas typically range from $250 to $350 depending on the county. Additional fees apply for service of process ($75-$150 by a constable or private process server). If there are minor children, a social study fee may be assessed ($500-$2,000).

Fee waivers (Statement of Inability to Afford Payment of Court Costs) are available for qualifying filers. Attorney's fees in contested Texas divorces average $15,000-$30,000 per spouse. Uncontested divorces using do-it-yourself forms or limited-scope attorneys are considerably less expensive.