Texas Divorce Laws

Texas Divorce Residency Requirements 

Since divorce is governed by state law, it is required that you meet specific residency requirements in order to file for a divorce in the state of Texas. It is most common that people file for a divorce in the county in which they live. You can also read more about the Texas residency requirements in the Texas state statutes located at: http://www.statutes.legis.state.tx.us. If you are unsure of whether or not you meet the Texas residency requirements you can try contacting the Clerk’s office of the domestic relations or family law division of your county courthouse.


Texas Grounds for Divorce  

Every divorce case that is filed in the state of Texas must declare the grounds in which the divorce is to be granted. The grounds for divorce must be substantiated with evidence or testimony otherwise the court may dismiss the case. When you are petitioning the court for a divorce, or agreeing to a divorce, make sure that you completely understand the grounds and any potential legal repercussions. If you would like to learn more about the Texas grounds, visit the Texas state statutes located at: http://www.statutes.legis.state.tx.us/.


Texas Uncontested Divorce  

Texas permits No-Fault divorce when 1) "the marriage has become insupportable because of conflict of personalities that has destroyed the legitimate ends of the marriage relationship and prevents any reasonable expectation of reconciliation" or 2) when the parties live "separate and apart without cohabitation of three years."

 Texas also permits Fault divorce on grounds of 1) adultery, 2) abandonment, 3) confinement for incurable insanity for over three years, 4) conviction of a felony and imprisonment for over one year, 5) cruel and inhuman treatment.


Texas Simplified Divorce Procedures  

Each state has its own unique filing procedure. When filing for divorce in Texas, you must adhere to the strict filing guidelines and prepare and submit the appropriate mandatory divorce documents to the county court. You can visit the Texas state statutes located at: http://www.statutes.legis.state.tx.us/ to learn more about these documents. You will discover that some documents may be provided by the Texas Legal System and others must be constructed on a case-by-case basis containing certain information and criteria to adhere to the Texas Laws and the filing requirements.


Texas Property Division Factors  

Since Texas is a "Community Property" state, all marital property will be divided in a 50-50 fashion according to the court unless agreed to otherwise by the divorcing spouses. This means that everything that is considered "up for grabs" in the divorce will be distributed equally to each spouse. Obviously this does not entail splitting a car in half so to speak, but rather each spouse will be rewarded with assets of equal value. You can learn more about Texas property division in the Texas state statutes located at: http://www.statutes.legis.state.tx.us/.


Texas Support/Maintenance/Alimony Factors  

In Texas the support payments (if any) can certainly influence how the marital property distribution is awarded, which is why it can become a very intricate part of the final outcome of any divorce. Keeping this in mind, if you and your spouse are unable to reach and agreement on this issue, the District Court will order support from one spouse to the other on a case-by-case basis. You can also read more about Texas spousal support in the Texas state statutes located at: http://www.statutes.legis.state.tx.us/.


Texas Military Divorce Laws  

A Texas military divorce creates several unique issues as compared to a typical civilian divorce, which is why specific state and federal laws and rules will apply.


Texas Child Custody and Support  

What you should know about Child Custody and Support here.