Divorce in Texas

  • Texas has no fault divorce, which means that you can get a divorce even if your spouse doesn’t agree to it. Typically, your divorce lawsuit must say that there is a conflict of personalities and that you don’t expect to get back together.

    Texas also has fault grounds for divorce, which means that you can get a divorce if your spouse does something wrong, like abuse you or cheat on you. These details can be important for getting custody or receiving a bigger property share, but you don’t need to prove fault to get a divorce.

    To file for divorce in Texas, you must have lived in this state for at least six months. You also must have lived in the county where you’re filing for divorce for at least 90 days.

    You must wait at least 60 days after the date when the divorce is filed before it can be granted, except in cases involving domestic violence. Note that most divorces will take longer than 60 days.

    While the divorce is still pending, the court might enter temporary orders for child support, custody, use of property, etc. These orders will end if the case is dismissed or when the divorce is granted.

  • If your children were born during the marriage you’re leaving, then they need to be included in the divorce case. If you and your partner can’t agree on custody, child support, or visitation, the court will decide these issues.

    Not that you are able to get child support without filing for divorce. You can apply through the Office of Attorney General, Child Support Division.

  • Texas is a community property state. Community property basically includes almost all property that you got during the marriage, such as:

    - Income, wages, savings, and bank accounts

    - Retirement

    - Vehicles

    - Land and houses

    - Dishes, furniture, tools, electronics, etc.

    - Some business and partnership assets

    Debt is also included in divorce settlements. This might include balances on:

    - Car notes

    - Credit cards

    - Personal loans

    - Student loans

    - Hospital bills

    Texas law does not require property nor debt to be divided equally in a divorce. Rather, the court must divide property and debt in a “just and right manner.” The court can order the sale of property, a division of retirement benefits, and decide who gets which vehicle. If you are awarded a car or house, note that you’ll likely be responsible for making payments on it after the divorce is finalized.

    For debts, the court can order whichever party to pay certain debts, but they can’t order a creditor to remove your name from the debt or loan, even if your spouse was ordered to pay. Divorces won’t fix your credit report.

    Some property you have might be considered separate property. This is property owned before the marriage, or that one spouse got during the marriage as a gift, inheritance, or even sometimes as a part of a personal injury settlement. The separate property you own is not affected by the divorce.

  • In Texas, alimony is known as spousal maintenance. A judge can order spousal maintenance after a divorce when:

    - There’s a family violence conviction

    - The person requesting spousal maintenance is disabled

    - A child of the marriage is disabled

    - The marriage lasted at least 10 years and the spouse can’t earn enough income to support minimum reasonable needs.

    While the divorce is pending, the court can order temporary spousal maintenance. Though there are some exceptions, the court will usually order spousal maintenance for the shortest amount of time until the spouse receiving assistance can get enough income to support their minimum reasonable needs.

  • When the judge grants the divorce, you can change your name to your previous name. You can’t change it to a new name; that requires a separate lawsuit.