Texas Family Code Title 1, Chapter 6 - Suit for Dissolution of Marriage

Texas's primary no-fault ground for divorce. The court may grant a divorce if the marriage has become insupportable because of discord or conflict of personalities that destroys the legitimate ends of the marital relationship and prevents any reasonable expectation of reconciliation. Either spouse may file without proving the other did anything wrong.

Effective: 2024

A fault-based ground allowing divorce when one spouse is guilty of cruel treatment toward the other of such a nature that further living together is insupportable. Cruelty can be physical or emotional and may influence how the court divides property, potentially awarding a larger share to the innocent spouse.

Effective: 2024

A fault-based ground allowing divorce when one spouse has committed adultery — defined as voluntary sexual intercourse with someone other than the spouse. Proving adultery can result in a disproportionate property division in favor of the innocent spouse.

Effective: 2024

A fault-based ground for divorce when the other spouse has been convicted of a felony during the marriage, has been imprisoned for at least one year in a state or federal penitentiary, and has not been pardoned. This ground cannot be used if the conviction was based on the testimony of the petitioning spouse.

Effective: 2024

A fault-based ground for divorce when one spouse voluntarily left the other with the intention of abandonment and remained away for at least one year. The petitioning spouse must show the other spouse left deliberately and without justification.

Effective: 2024

A no-fault ground allowing divorce when the spouses have lived apart without cohabitation for at least three years. Neither spouse needs to prove the other was at fault — only that they have maintained separate residences for the required period.

Effective: 2024

Allows divorce when the other spouse has been confined in a state or private mental hospital for at least three years and it appears the mental disorder is of such a degree that adjustment is unlikely, or if adjustment occurs, a relapse is probable.

Effective: 2024

Establishes that at least one spouse must have been a domiciliary of Texas for the preceding 6 months and a resident of the county where the suit is filed for the preceding 90 days. Only one spouse needs to meet these requirements — the other can live out of state.

Effective: 2024

Defines separate property as property owned or claimed before marriage, property acquired during marriage by gift, devise, or descent, and recovery for personal injuries sustained during marriage (except lost earning capacity). Separate property is NOT divided in divorce — only community property is subject to division.

Effective: 2024

Defines community property as all property, other than separate property, acquired by either spouse during marriage. Texas is one of nine community property states. Income earned by either spouse during marriage, including wages, salaries, and investment returns on community assets, is community property.

Effective: 2024

All property possessed by either spouse during or at dissolution of marriage is presumed to be community property. A spouse claiming property is separate must overcome this presumption by clear and convincing evidence — a higher standard than the typical preponderance of evidence used in most civil cases.

Effective: 2024

The court shall divide the community estate in a manner the court deems 'just and right,' with due regard for each spouse's rights and any children of the marriage. This does not require a 50/50 split — the court may award a disproportionate share based on factors such as fault, earning capacity, health, education, and size of separate estates.

Effective: 2024

Governs division of property acquired while a spouse was domiciled in another state that would have been community property had the spouse lived in Texas. This 'quasi-community property' provision ensures fair division when couples relocate to Texas before divorcing.

Effective: 2024

Spouses may enter a written agreement dividing property, liabilities, and maintenance to promote amicable settlement. If the court finds the terms just and right, they are binding on the court. The agreement may be revised or repudiated before rendition unless binding under another rule of law.

Effective: 2024

When one spouse commits fraud on the community estate — such as hiding assets, wasting marital funds, or making unauthorized transfers — the court may calculate the depleted value, reconstitute the estate, and award the wronged spouse an appropriate share or a money judgment against the fraudulent spouse.

Effective: 2024

The best interest of the child is always the primary consideration in determining conservatorship, possession, and access. In suits between a parent and nonparent, there is a rebuttable presumption that a parent acts in the child's best interest. A nonparent must prove by clear and convincing evidence that denying their request would significantly impair the child.

Effective: 2024

The court may not appoint joint managing conservators if credible evidence shows a history or pattern of child neglect, or physical or sexual abuse by one parent. There is a rebuttable presumption against unsupervised visitation when credible evidence of family violence exists. The court considers protective orders issued within the preceding two years.

Effective: 2024

A parent shall be appointed sole or joint managing conservator unless doing so would significantly impair the child's physical health or emotional development. There is a rebuttable presumption that appointing both parents as joint managing conservators is in the child's best interest. A finding of family violence removes this presumption.

Effective: 2024

When no agreed parenting plan is filed, the court considers six factors for joint managing conservatorship: the child's developmental benefit from the arrangement, each parent's ability to prioritize the child's welfare, willingness to foster the other parent's relationship, pre-filing child-rearing involvement, geographic proximity of residences, and (for children 12+) the child's preference.

Effective: 2024

A parent not appointed as sole or joint managing conservator must be appointed possessory conservator unless the court finds the appointment is not in the child's best interest AND that parental possession or access would endanger the child's physical or emotional welfare. Texas strongly favors maintaining both parents' involvement.

Effective: 2024

Sets the default visitation schedule when parents live within 100 miles of each other: the 1st, 3rd, and 5th weekends of each month (Friday 6 PM to Sunday 6 PM), Thursday evenings during the school term (6 PM to 8 PM), 30 days in summer, and alternating holidays. This order is presumed to be the reasonable minimum possession for a possessory conservator.

Effective: 2024

The court may modify a conservatorship or possession order if modification is in the child's best interest and: (1) circumstances have materially and substantially changed since the order, (2) a child 12 or older has expressed a preference to the court, or (3) the conservator with the right to designate primary residence has voluntarily relinquished primary care and possession.

Effective: 2024

The court may order either or both parents to support a child until the child turns 18 or graduates from high school — whichever occurs later. If the child is disabled, child support may continue indefinitely. This section establishes the fundamental duty of parental support under Texas law.

Effective: 2024

Sets the child support percentage guidelines: 20% of the obligor's net resources for 1 child, 25% for 2, 30% for 3, 35% for 4, and 40% for 5 or more. These percentages apply to the first $9,200/month in net resources (increasing to $11,700/month for orders entered on or after September 1, 2025). Guideline support is presumed to be in the child's best interest.

Effective: 2025

Defines how to calculate 'net resources' for child support — all income minus federal income tax, Social Security taxes, state income tax (none in Texas), union dues, and health insurance premiums for the child. Resources include wages, self-employment income, dividends, royalties, trust income, military pay, and unemployment benefits.

Effective: 2024

Requires the court to include medical support provisions in every child support order. A parent may be ordered to provide health insurance coverage for the child, pay additional cash medical support, or both. Medical and dental support is in addition to — not included in — the base child support amount calculated under the guidelines.

Effective: 2024

Texas courts may order spousal maintenance only if the requesting spouse lacks sufficient property and income to provide for minimum reasonable needs AND meets one of four conditions: (1) the paying spouse was convicted of family violence within 2 years of filing, (2) the marriage lasted 10+ years and the spouse cannot earn enough, (3) the spouse or a child they care for has a disability, or (4) the parties agree.

Effective: 2024

Maintenance duration depends on marriage length: up to 5 years for marriages of 10–20 years (or family violence cases), up to 7 years for marriages of 20–30 years, and up to 10 years for marriages of 30+ years. Maintenance for a disabled spouse or caretaker of a disabled child may continue indefinitely but terminates upon the recipient's remarriage or cohabitation in a dating relationship.

Effective: 2024

Texas caps court-ordered spousal maintenance at the lesser of $5,000 per month or 20% of the paying spouse's average monthly gross income. For example, if the paying spouse earns $15,000/month gross, the maximum maintenance is $3,000 (20%), not $5,000. This cap applies regardless of the requesting spouse's financial need.

Effective: 2024

A divorce cannot be filed in Texas unless at least one spouse has been domiciled in the state for the preceding 6 months and a resident of the filing county for the preceding 90 days. Only one spouse needs to meet these requirements. Military members stationed in Texas may use their duty station to satisfy residency under §6.303.

Effective: 2024

A divorce petition need only allege the grounds relied on in substantially the statutory language — no detailed evidentiary facts are required. The court will strike evidentiary facts from the pleadings. This is different from most civil suits and protects personal details from becoming part of the public record.

Effective: 2024

Citation on an original divorce petition must be issued and served as in other civil cases. The respondent can be served by sheriff, constable, or private process server, who must file a return of service with the court. The process server physically delivers the citation and petition to the respondent.

Effective: 2024

A respondent may waive formal service by filing a sworn waiver with the court after the suit is filed. The waiver must acknowledge receipt of the filed petition, include a mailing address, and be sworn before a notary who is not an attorney in the case. The waiver must be on file at least 10 days before the divorce can be finalized.

Effective: 2024

A divorce cannot be granted until at least 60 days after the original petition was filed. This mandatory 'cooling-off' period applies to nearly all cases. The only exception is when the respondent has been convicted of or received deferred adjudication for a family violence offense against the petitioner or a member of the petitioner's household.

Effective: 2024

The court may refer a divorce to mediation on agreement of both parties or by court order. A mediated settlement agreement is binding if it states prominently (in bold, caps, or underlined) that it is not subject to revocation. A party subject to family violence may object to mediation, and the court must consider that objection before ordering it.

Effective: 2024

Neither spouse may remarry a third party within 31 days of the divorce decree being signed, unless a court waives this restriction for good cause. The divorced spouses may remarry each other at any time without waiting. This waiting period gives time for potential appeals and prevents hasty remarriages.

Effective: 2024

Defines family violence as an act by a family or household member intended to result in physical harm, bodily injury, assault, or sexual assault — or a threat reasonably placing the other person in fear of such harm. This definition is central to protective order eligibility, custody determinations, and spousal maintenance qualification throughout the Family Code.

Effective: 2024

A court shall issue a protective order upon finding that family violence has occurred and is likely to occur in the future. The order can prohibit the abuser from committing further violence, communicating threats, going near the family's home, school, or workplace, and possessing firearms. Protective orders last up to two years unless extended.

Effective: 2024

Spouses may agree in a premarital agreement on property rights, spousal support modification or elimination, life insurance beneficiaries, choice of law, and any other matter not violating public policy or criminal law. However, a prenuptial agreement cannot adversely affect the right of a child to support — that right belongs to the child, not the parents.

Effective: 2024

A premarital agreement is not enforceable if the party against whom enforcement is sought proves it was signed involuntarily, or was unconscionable when signed and the party was not provided a fair and reasonable disclosure of the other's property and obligations. Unconscionability is decided by the court as a matter of law, not by a jury.

Effective: 2024

Texas was among the first states to codify collaborative law. Parties and their attorneys sign an agreement to resolve the case without litigation. If the collaborative process fails, the collaborative lawyers are disqualified from representing the parties in court — creating a strong incentive to settle. Settlement agreements are enforceable like other court-approved agreements.

Effective: 2024

The court that granted the divorce retains continuing jurisdiction to render a QDRO or similar order dividing retirement benefits. A QDRO directs an employer's retirement plan to pay a portion of one spouse's benefits to the other spouse. This is critical for dividing 401(k)s, pensions, and other ERISA-governed plans as part of the property settlement.

Effective: 2024

Provides special rules for military parents: a temporary court order may appoint a designated person to exercise possession during deployment, mobilization, or temporary military duty. The court cannot treat military service or attendant absence as a negative factor in conservatorship decisions. Temporary orders automatically terminate when the service member returns.

Effective: 2024

On final disposition of a divorce, the court must grant a name change to a prior used name if the party requests it — the court cannot deny the request solely to keep family members' last names the same. The party receives a name change certificate from the court clerk that can be used to update identification documents.

Effective: 2024