Residency and Filing Requirements
Texas law requires that at least one spouse has lived in the state for a minimum of six months, and in the county where the case is filed for at least 90 days, before a divorce petition can be filed. This residency requirement exists to establish that a Texas court has proper jurisdiction over the case.
Once a petition is filed, Texas imposes a mandatory 60-day waiting period before a divorce can be finalized, even if both spouses agree on every issue. This waiting period is set by statute and cannot be waived by the court, except in limited circumstances such as documented family violence. In practice, most contested divorces take considerably longer than 60 days, since property division, custody arrangements, and support obligations often require negotiation, mediation, or, in some cases, a trial.
Grounds for Divorce: Fault and No-Fault
Texas recognizes both no-fault and fault-based grounds for divorce. The most common ground cited is “insupportability,” a no-fault basis meaning the marriage has become insupportable due to discord or conflict, with no reasonable expectation of reconciliation. This is the ground used in the majority of Texas divorces because it does not require proving wrongdoing by either spouse.
Fault-based grounds are also available under the Texas Family Code and include cruelty, adultery, abandonment, and felony conviction, among others. Choosing a fault-based ground can affect how a court divides property or awards spousal maintenance, since Texas courts have discretion to consider fault when dividing the marital estate. Deciding whether to pursue a fault-based filing is a strategic decision that depends heavily on the specific facts of a marriage, which is why this determination should be made with the guidance of an attorney familiar with how local courts weigh these factors.
Community Property Division
Texas is a community property state, meaning that most property acquired during the marriage is presumed to belong equally to both spouses, regardless of whose name is on the title or who earned the income used to acquire it. This includes wages, real estate purchased during the marriage, retirement account contributions made during the marriage, and most other assets accumulated while the couple was married.
Separate property, by contrast, includes assets owned before the marriage, gifts, inheritances, and personal injury settlements (with some exceptions for lost wages), and is generally not subject to division. However, separate property can become commingled with community property over the course of a marriage, which is why tracing the origin of specific assets often becomes one of the more detailed parts of a divorce case.
Texas courts are required to divide the community estate in a manner the court deems “just and right,” which does not always mean a 50/50 split. Courts consider factors such as each spouse’s earning capacity, health, fault in the breakup of the marriage, and the needs of any children when determining what a fair division looks like.
Child Custody and Support
While most people use the term “custody,” Texas statutes actually use “conservatorship” to describe both decision-making rights and physical possession of a child. The two terms cover the same ground, and courts and attorneys often use them interchangeably in practice. Texas law starts with a presumption that both parents should share these rights, meaning both parents typically retain input on the child’s education, medical care, and other major decisions, even when one parent has the child for a greater percentage of time.
The Texas Standard Possession Order is the default schedule many courts use to determine when each parent has physical time with the child, though parents can agree to a different schedule if it serves the child’s best interest and the court approves it. Courts evaluate conservatorship and possession arrangements based on the best interest of the child, a standard that considers the child’s physical and emotional needs, each parent’s ability to prioritize the child’s wellbeing, and, depending on the child’s age, sometimes the child’s own preferences.
Research from the American Psychological Association on children and divorce has consistently found that children generally fare better when conflict between parents is minimized and when both parents remain meaningfully involved in the child’s life, which is part of why Texas law favors joint conservatorship arrangements when appropriate.
Child Support Guidelines
Custody arrangements and support calculations under Texas guidelines go hand in hand. Texas uses statutory guidelines to calculate child support, primarily based on the paying parent’s net monthly income and the number of children being supported. The Texas Office of the Attorney General publishes these guideline percentages and offers a child support calculator that provides a starting estimate, though actual court-ordered amounts can vary based on factors like healthcare costs, educational expenses, and any special needs a child may have.
Support obligations continue until a child turns 18 or graduates high school, whichever occurs later, with exceptions for children with disabilities that require ongoing support into adulthood.
Spousal Support
Unlike some states, Texas law limits spousal support (sometimes called spousal maintenance or alimony) to specific circumstances. A spouse must generally show they lack sufficient property after the divorce to provide for their minimum reasonable needs, and one of several additional conditions must apply, such as a marriage lasting at least 10 years, a history of family violence, or a disability preventing the spouse from earning sufficient income.
Even when support is awarded, Texas law caps both the amount and duration based on the length of the marriage, making this a more limited remedy than in many other states. Whether you’re seeking spousal support or responding to a request from your spouse, understanding how Texas law applies to your specific situation is an important part of planning for what comes after the divorce.
Mediation and Negotiated Settlements
Many Texas divorces resolve through mediation or negotiated settlement rather than trial. Mediation involves both spouses meeting with a neutral third party to work through disputed issues, often resulting in an agreement that avoids the cost, time, and unpredictability of a courtroom trial. Texas courts frequently encourage or require mediation before a contested case proceeds to trial, particularly in cases involving children.
Reaching a settlement through mediation does not mean giving up legal protections. Any agreement reached still needs to be reviewed carefully and incorporated into a final decree that reflects Texas law and protects each spouse’s interests going forward.
Getting the Right Guidance
Divorce involves interconnected legal, financial, and personal decisions, and the choices made early in the process, such as how property is characterized or what conservatorship arrangement is requested, can affect a family for years. Working with an attorney who understands both the Texas Family Code and how local courts apply it can help ensure the process moves forward with fewer surprises.
Dooley Noted Law offers focused family law services designed to help Texas families move through divorce with clarity and confidence, from initial filing through final decree. We handle cases across DFW, Austin, and Houston with a virtual-first approach, so consultations, document review, and filings can be completed without you needing to take time off work or travel to an office. If you’re considering divorce or have questions about how Texas law applies to your situation, call 866-598-8597 to schedule a consultation, or request a free case review.