Texas Divorce Laws: A Comprehensive Legal Guide
Divorce is never an easy decision, but understanding your legal rights and responsibilities under Texas divorce laws can help make the process more manageable. Whether you’re just beginning to consider a divorce or are already navigating the legal steps, this comprehensive guide offers everything you need to know about the divorce laws in Texas. From filing requirements to property division, child custody, and spousal support, we break down the essential components of Texas divorce law to help you make informed decisions during this challenging time.
Understanding the Basics of Divorce in Texas
Texas is a “no-fault” divorce state, which means that you do not need to prove wrongdoing by your spouse to file for divorce. The most common ground for divorce in Texas is “insupportability,” often referred to as irreconcilable differences, indicating that the marriage has become unworkable due to conflict or discord.
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However, Texas also recognizes fault-based grounds for divorce, such as:
- Adultery
- Cruelty
- Abandonment
- Conviction of a felony
- Living apart for at least three years
- Confinement in a mental hospital
Establishing fault may impact property division and spousal support, so it’s important to consult with an experienced divorce attorney if you believe a fault-based divorce may apply.
Residency Requirements for Divorce in Texas
Before filing for divorce, it’s essential to meet Texas’s residency requirements. According to divorce laws in Texas, one spouse must have been a resident of the state for at least six months and a resident of the county where the divorce is filed for at least 90 days. If these conditions are not met, the court may dismiss the divorce petition.
Community Property and Asset Division
Texas is a community property state, which means that most property acquired during the marriage is considered jointly owned and is subject to division upon divorce. However, Texas divorce laws stipulate that this division must be “just and right,” which doesn’t always mean a 50/50 split.
Factors that can influence property division include:
- Each spouse’s earning potential and education
- Who has primary custody of children
- Any fault in the breakup of the marriage
- The value of separate property owned by either spouse
Separate property—such as gifts, inheritances, or assets acquired before marriage—is typically not divided, but proving something is separate property can be legally complex.
Child Custody and Visitation Under Texas Law
When children are involved, divorce laws in Texas prioritize their best interests. Texas uses the term “conservatorship”instead of custody.
There are two primary types:
- Joint Managing Conservatorship (JMC): Both parents share rights and responsibilities.
- Sole Managing Conservatorship (SMC): One parent is granted the majority of decision-making rights.
Unless there is a history of abuse or neglect, Texas courts generally favor joint conservatorship, promoting frequent and continuing contact with both parents.
Visitation rights, referred to as “possession and access,” are typically outlined in a Standard Possession Order (SPO), which can be customized based on the child’s needs and the parents’ schedules.
Child Support Guidelines in Texas
Under Texas divorce laws, the noncustodial parent typically pays child support based on a percentage of their net income:
- 1 child: 20%
- 2 children: 25%
- 3 children: 30%
- 4 children: 35%
- 5 or more: 40%
Courts may adjust this amount depending on specific circumstances such as healthcare costs, educational needs, or special needs of the child.
Spousal Maintenance (Alimony) in Texas
Spousal maintenance, commonly referred to as alimony in other states, is not automatically granted under divorce laws in Texas. To qualify for spousal maintenance, the requesting spouse must meet certain legal criteria. Generally, maintenance may be awarded if the spouse seeking support:
- Is unable to earn sufficient income to provide for basic needs due to a disability
- Has custody of a child with a disability that requires substantial care
- Was married for 10 years or more and cannot meet basic financial needs
- Was a victim of domestic violence within two years prior to filing for divorce
The court considers multiple factors when deciding whether to grant spousal maintenance, including the length of the marriage, financial resources, and efforts made to earn income.
Division of Retirement Accounts and Pensions
Retirement accounts and pensions are also subject to division under Texas divorce laws if they were earned during the marriage. Common types of accounts include:
- 401(k)s
- IRAs
- Military pensions
- Teacher and government pensions
Dividing these accounts often requires a Qualified Domestic Relations Order (QDRO), a special legal document that ensures proper allocation without tax penalties. It’s crucial to handle this process with precision to avoid costly mistakes.
Protection Orders and Domestic Violence
For individuals facing domestic violence, divorce laws in Texas provide options for legal protection, including protective orders and restraining orders. These can restrict the abusive spouse from contacting or approaching the other party and may impact custody decisions.
In cases involving domestic abuse, courts may also limit or deny visitation rights to the abusive parent or require supervised visitation to ensure the safety of the child.
Name Changes and Legal Restoration
As part of the divorce process, individuals may request a return to a previous surname. Texas law allows for this change to be included in the final divorce decree, simplifying the legal steps required to update identification and official documents.
Military Divorces in Texas
Military divorces are governed by both Texas divorce laws and federal statutes like the Servicemembers Civil Relief Act (SCRA). Special rules apply regarding residency, service of process, and division of military retirement benefits. Additionally, courts may account for deployments when determining parenting time and support.
Divorce Process Timeline in Texas
Texas law requires a minimum 60-day waiting period from the date of filing before a divorce can be finalized. The actual timeline varies depending on the complexity of the case and whether it is contested or uncontested.
Modifications and Enforcement of Divorce Orders
Life circumstances often change, which may require modification of existing divorce orders. Texas courts allow modifications to:
- Child custody and visitation
- Child support
- Spousal maintenance
To modify an order, the requesting party must demonstrate a material and substantial change in circumstances. Additionally, if a party fails to comply with court orders, enforcement actions such as wage garnishment, contempt proceedings, or license suspension may be used.
About The Levinson Law Firm
Located in the heart of San Antonio, Texas, The Levinson Law Firm is a trusted name in family law. With over 30 years of experience, we have earned a reputation for compassionate guidance, strategic advocacy, and dedicated client service. Our law firm specializes in Family Law, Bankruptcy, Probate, Personal Injury, and Wills, ensuring our clients receive the highest level of expertise across life’s most critical legal matters.
We understand that every family situation is unique, which is why we tailor our approach to meet your individual needs. Whether you’re facing a contested divorce, child custody battle, or need help navigating the complexities of asset division, our experienced attorneys are here to fight for your best interests every step of the way.
Get Trusted Legal Help with Texas Divorce Laws. Contact The Levinson Law Firm Today
Navigating Texas’ divorce laws can be overwhelming, but with the right legal guidance, you can protect your rights and move forward with confidence. Understanding the nuances of divorce laws in Texas—from filing and residency to property division and child custody—is the first step toward a fair and successful resolution.
If you live in San Antonio, TX or the surrounding area and are looking for an experienced divorce lawyer who will prioritize your future, contact The Levinson Law Firm today. We offer free consultations and are ready to help you take control of your legal journey with confidence and care.
FAQs
To file for divorce in Texas, you or your spouse must have lived in the state for at least six months and in the county where you’re filing for at least 90 days prior to filing.
Texas has a mandatory 60-day waiting period from the date the divorce petition is filed. Contested divorces can take several months or longer, depending on the complexity and whether the spouses can reach agreements.
Yes, Texas allows for no-fault divorces under the ground of “insupportability,” meaning neither spouse is blamed for the marriage ending. However, fault-based grounds like adultery or cruelty can still be used and may affect property division.
Texas is a community property state, meaning most assets and debts acquired during the marriage are divided in a way that is “just and right.” This doesn’t always mean a 50/50 split—factors like fault, earning capacity, and contributions to the marriage may influence division.
Community property includes assets and income acquired during the marriage, while separate property refers to assets owned before the marriage, or received as a gift or inheritance. Only community property is subject to division during divorce.
