Overview of Divorce in Texas

Texas divorce laws are somewhat different than those in other states; therefore, it is important to understand exactly what you are getting into before heading off to file the paperwork to begin the divorce process.  After all, you don’t want to run into any problems with your case.

Residency Requirements for Texas Divorces

At least one spouse must have been a Texas resident for six months or more in order to file for divorce in Texas.  Additionally, he or she must have resided in the county in which the divorce is filed for at least 90 days.  Because divorce petitions are filed through counties, if this requirement isn’t met, the case will not be heard at all.

Grounds for Divorce

Texas offers ‘no fault’ divorces for couples who agree on having an amicable divorce.  In these cases, their divorce is granted as one with irreconcilable differences.

In other cases, couples can get divorced if one spouse proves to the court one of the following ‘fault’ grounds for divorce:

  • Cruelty by the other spouse.
  • Adultery.
  • Conviction of a felony and imprisonment for at least one year.
  • Abandonment for at least one year.
  • Confinement of the other spouse in a mental hospital for at least three years.
  • Living apart for at least three years.
If you may need legal assistance with a Divorce matter, consult with a Divorce Attorney in your area to receive a free case review.

Property Distribution

Texas is a community property state.  This means that all property that was acquired from the date of the marriage until the date of the divorce filing or the marital cut-off date is considered to be community property.  These assets will be split equally by the court if the spouses cannot agree on how it should be divided.

Texas courts also determine the rights of both spouses when it comes to monetary assets such as retirement plans, annuities, pensions, IRA’s, stock options, and other forms of savings or financial plans.

Spousal Support in Texas

Courts in Texas will order spousal support only if one of these conditions is met:

  • A spouse cannot support himself or herself because of physical or mental disability.
  • A spouse is the caretaker of a child from the marriage who requires substantial care and supervision due to some type of disability; therefore, the spouse cannot be employed outside of the home.
  • A spouse does not have the earning ability that is adequate enough to provide support for his or her own minimum reasonable needs.
If you may need legal assistance with a Divorce matter, consult with a Divorce Attorney in your area to receive a free case review.