Divorce is one of the most challenging experiences anyone can go through. It brings legal, emotional, and financial changes that affect not just you but your entire family. In Texas, the divorce process has specific rules, timelines, and steps that must be followed carefully. Understanding these steps can make the journey less overwhelming and help you make informed decisions about your future.
Whether you are considering filing or are already in the middle of the process, this guide explains everything you need to know about the dissolution of marriage in Texas, from filing requirements to asset division and child custody. We’ll also highlight relevant sections of the Texas Family Code so you know your rights and responsibilities at every stage.
For personalized advice, please contact Attorney Tyler Monahan, partner at Turner-Monahan, PLLC, to discuss your case.
Deciding to File for Divorce
The first step is making the decision to end a marriage. Texas is a no-fault divorce state, meaning you don’t need to prove that your spouse did something wrong to file. The most common ground for divorce is “insupportability,” which means the marriage has become unworkable due to conflict or differences. This is allowed under Texas Family Code §6.001.
Texas also recognizes fault-based grounds, which include:
- Cruelty that makes living together impossible (§6.002)
- Adultery (§6.003)
- Conviction of a felony (§6.004)
- Abandonment for at least one year (§6.005)
- Living apart for at least three years (§6.006)
- Confinement in a mental hospital for three years (§6.007)
Example:
Sarah and Michael have been living apart for over three years with no intention of reconciling. Sarah can file for divorce under the “living apart” provision without needing to show any further evidence.
Filing Requirements and Where to File
Before you can file, Texas has strict residency rules:
- One spouse must have lived in Texas for at least six months before filing.
- You must also have lived in the county where you file for at least 90 days.
If you live in Fort Worth, you would file in Tarrant County. This is where working with a local Texas divorce attorney is important because each county has its own processes and requirements.
There is also a 60-day waiting period between the time the divorce is filed and when it can be finalized. This is designed to give couples time to consider reconciliation or work out agreements before finalizing the divorce.
Serving the Divorce Papers
After filing, your spouse must be formally notified through a process called service of process. They can also sign a waiver acknowledging receipt of the petition, which speeds up the process. Proper service is critical to prevent delays or challenges later in the case.
Temporary Orders: Stabilizing the Situation
Divorce can take months, and life doesn’t stop during that time. Temporary orders help keep things stable while the case is ongoing. A judge can issue temporary orders for:
- Child custody and visitation schedules
- Temporary spousal maintenance payments
- Use of the family home or vehicles
- Protection of assets or bank accounts
Texas Family Code §6.502 authorizes courts to issue these temporary measures to ensure safety and stability during the divorce process.
Example:
If one spouse moves out unexpectedly, the court can set a temporary visitation schedule so the children maintain a relationship with both parents while the final custody plan is being decided.
Dividing Property and Assets
One of the most complex parts of any divorce is the divorce asset split. Texas is a community property state, which means any property acquired during the marriage is owned equally by both spouses. This includes:
- Homes and real estate
- Vehicles
- Retirement accounts
- Business interests
- Debts, such as mortgages and loans
Separate property, such as assets owned before the marriage or inherited by one spouse, is not divided. However, clear documentation is needed to prove what is separate.
Under Texas Family Code §7.001, the court must divide community property in a manner that is “just and right.” This does not always mean a perfect 50/50 split. For example, if one spouse has significantly higher earning power, the other may receive a larger portion of certain assets.
Example:
John owned a business before marriage, but during the marriage, the business grew and new equipment was purchased with marital funds. The value of the original business remains John’s separate property, but the growth and added assets are considered community property.
The Role of Prenuptial Agreements
If you and your spouse signed a prenuptial agreement before marriage, this document plays a crucial role in determining how assets are divided. It can clarify which property is separate, how debts will be handled, and whether spousal support will be provided.
If no prenup exists, couples can create a postnuptial agreement during the marriage to set similar guidelines. Having legal guidance ensures these agreements are enforceable under Texas law.
Custody and Child Support
In Texas, custody is referred to as conservatorship. The guiding principle for all custody decisions is the best interest of the child (Texas Family Code §153.002). Courts consider:
- The child’s physical and emotional needs
- Each parent’s ability to provide care
- Stability of each home environment
- Any history of abuse or neglect
Child support is calculated using a formula based on the paying parent’s income and the number of children involved. Temporary child support may also be ordered early in the case to ensure immediate needs are met.
Contested vs. Uncontested Divorce
A divorce can be uncontested, where both spouses agree on all issues, or contested, where disputes must be resolved by the court.
Uncontested divorces are usually faster and less expensive, often finalized soon after the 60-day waiting period. Contested divorce cases require more hearings, evidence, and possibly a trial, which can take several months or longer.
Example:
If both spouses agree on property division, custody, and support, they can submit a joint agreement to the court. If they cannot agree on even one issue, the judge will decide after hearing evidence.
Finalizing the Divorce
Once all issues are resolved, the judge signs a Final Decree of Divorce. This document officially ends the marriage and outlines the exact terms for property division, custody, visitation, and support. It is a legally binding order that both parties must follow.
Special Situations
Certain types of divorces require additional expertise:
- High net worth divorce cases involve complex assets such as multiple properties or business holdings.
- Military divorces must address deployment schedules and military pensions.
- Cases involving abuse or safety concerns may require protective orders alongside divorce filings.
Working with an experienced divorce lawyer ensures these cases are handled carefully and with full legal protection.
Turner-Monahan PLLC: Experienced Family Law Representation You Can Trust
The Texas divorce process is complex, with specific rules that can have a lasting impact on your future. From understanding community property to navigating custody disputes, having the right attorney makes all the difference.
Turner Monahan PLLC has over 50 years of experience helping families through divorce, custody battles, adoptions, and other family law matters. Schedule a free, no-obligation consultation with Attorney Tyler Monahan to discuss the details.
Disclaimer
The commentary and opinions are for informational and educational purposes only and are not intended to provide legal advice. You should contact an attorney in your state to obtain legal advice concerning any particular issue or problem. You can become a client and enter the attorney-client privilege only after hiring Turner-Monahan, PLLC, by signing a written retainer agreement.
