An Essential Guide To Divorce Law In Texas

By Cassandra Daniels | March 29, 2022

Divorce can be complicated, especially as it varies state by state. If you’re considering divorce in the Lone Star State, you may have questions about what to expect, and that’s where an essential guide to divorce law in Texas comes in handy.

You’ve likely heard second-hand stories of how someone else handled their divorce, and you might have even heard rumors about what it’s like to go through a divorce and what you can and can’t do. But it’s important to know the facts and remember that no two divorces are exactly alike. 

For many, divorce sounds like an exhausting and lengthy process. But it doesn’t always have to be. There are some surefire steps you can expect to happen moving forward with your divorce. 

Have you ever wished for an essential guide to divorce law in Texas? Here’s what you should know about getting a legal divorce in Texas.

Getting a divorce in Texas? Have an attorney with experience in family law. Contact the Daniels Law Firm today. 

Key Information To Know Before Getting A Divorce In Texas

Getting married in the U.S. can be done in numerous ways. It’s a $57.9 billion-dollar business where events range from overly extravagant to last-minute affairs. Getting married in whatever state you want is easy to do. However, getting divorced is a different story and is resolved on a case-by-case basis. A married couple who have children together further complicates the process as child custody and support are separate areas of family law altogether. 

Even so, there are a few necessities and other steps you can be certain of in Texas when going through a divorce. Of course, it helps to hire a divorce attorney you can rely on to take care of the legal process while you decide what you want and need to move forward. It really isn’t advised that you handle your divorce yourself as you must meet certain deadlines and demands to move on accordingly. 

What Is A Community Property State & Why Is Texas Considered One?

The term “community property state” is often thrown around. But not everyone knows exactly what it means to fall under a community property state like Texas. This is because not all 50 states operate this way. All states that consider themselves community property states include:

  • Arizona
  • California
  • Idaho
  • Louisiana
  • Nevada
  • New Mexico
  • Texas
  • Washington
  • And Wisconsin

The term means that all income earned and/or property acquired between parties while married is considered “community property” and belongs equally to both spouses. All assets earned together are split right down the middle in a divorce. For many, this means mediation, requests for compromise, or litigation if both parties can’t meet an agreement.

There are a few exceptions to this rule where property or money is not shared, including:

  • Anything belonging to either party before marriage that was kept separate
  • Gift or inheritance assets
  • Personal injury awards

Otherwise, anything else collected together is shared.

How Texas Law Handles Property In A Divorce

It’s important to know that Texas courts consider any property that spouses own together during their marriage as community property. You need to provide proof of sole ownership if you want it to be considered separate.

Basic Requirements To Get A Divorce

To successfully get a divorce in Texas, you or your spouse must live in-state six months before filing. Also, one of you needs to have lived in the county where you intend to file for a 90-day period before filing.

Uncontested & Contested Divorce

There are two types of divorce in Texas – uncontested and contested. An uncontested divorce is when both spouses agree on all divorce-related contingencies, including the division of assets and other more serious issues like child support and custody. An uncontested divorce is typically the most cost-effective and quickest way to get divorced.

Nevertheless, if you know you’ll face challenges reaching an agreement with your spouse, you’re probably looking at a contested divorce. This means you or your spouse will contest one or more demands, potentially requiring the court to decide these issues for you.

Grounds For Divorce

You and your spouse may have a laundry list of reasons why you’re seeking a divorce. This is part of what can make the process so complicated and tedious. Moreover, the state of Texas allows a reason for filing under two categories: No fault and fault based.

No Fault Versus Fault Based

A court can determine that neither party is at fault in a divorce. A no-fault divorce doesn’t require a need to argue and prove fault on either side. This leads to the two grounds for a no-fault divorce in Texas, including the inability to keep up with the marriage and living apart. 

Insupportability of the marriage means both parties cannot make the marriage work because of general conflict with no chance of reconciling. Living apart can be cited as a reason if the couple has lived apart for at least 3 years.

On the other side of the spectrum, an at-fault divorce can be based on the following:

  • Cruelty
  • Adultery
  • Felony conviction
  • Abandonment
  • Mental hospital confinement for at least 3 years

It’s important to discuss your grounds for divorce with your attorney to ensure a strategy that’s comprehensive to your needs.

Child Custody & Child Support

No matter the conflict between you and your spouse, anything in terms of child custody or support should be in the best interests of your child or children. Texas encourages parents to share their time and resources with their children equally. However, Texas will allow ordering one or both parents to pay child support to the parent who keeps the children in their care when necessary. The amount is based on that individual’s income and can only be canceled in the event of the following circumstances:

  • The child reaches their 18th birthday or they graduate high school (whichever occurs first) 
  • The child is emancipated through marriage or court order
  • The child has passed away

Need help with a divorce and child custody or child support in Texas? Connect with the Daniels Law Firm today.

Alimony Or Spousal Support In Texas

Also referred to as “spousal maintenance”, spousal support is ordered if the requested spouse:

  • Has been convicted of domestic abuse in the past 2 years before filing

The requester may be eligible to collect spousal support if they: 

  • Can’t earn enough because of a mental or physical limitation
  • Have been married to the requested spouse for 10 years or more and doesn’t earn enough to provide for themselves
  • Are the main provider to their child or children with a disability, which prevents them from working

Making Your Divorce Final

Texas requires a 60-day waiting period between filing your divorce petition and when the court can finalize your divorce. You eventually fill out a Final Decree of Divorce and have it signed by a judge to make it a final order.

Protect What Matters Most To You With The Right Representation

Start the process with Daniels Law Firm and move forward with your divorce. Houston Family Lawyer Cassandra Daniels places trust and client satisfaction as top priorities. With open communication and an established strategy, you’ll be glad you had the Daniels Law Firm on your side.

Contact the Daniels Law Firm now.

“From Complex Property Division to Child Custody Cases, We Handle It All”

or Call Us Now at

(346) 818-2637

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