Divorce can bring many questions about your home, money, children, and future. If you are thinking about ending your marriage in Texas, understanding the process can help you prepare.
Every divorce is different. Some spouses agree on major issues, while others need a judge to resolve disputes. Texas law sets rules for filing, property division, parenting arrangements, and support.
These frequently asked questions explain what to expect during a Texas divorce and how to protect your rights.
What Are the Requirements to File for Divorce in Texas?
To file for divorce in Texas, one spouse generally must have lived in the state for at least six months and in the county where the case is filed for at least 90 days.
Under Texas Family Code § 6.301, these residency requirements apply before a divorce petition is filed.
You do not need your spouse’s permission to request a divorce. However, you must follow court procedures for filing documents and notifying your spouse about the case.
Does Texas Allow No-Fault Divorce?
Yes. Texas allows spouses to divorce without proving that either person caused the marriage to fail.
The most common no-fault ground is insupportability. This means the marriage cannot continue because of conflict or disagreements, with no reasonable chance of reconciliation.
Texas also recognizes fault-based grounds, including adultery, cruelty, and certain criminal convictions. The grounds used in a divorce may affect how some issues are decided, depending on the facts.
How Long Does a Divorce Take in Texas?
Texas generally requires a 60-day waiting period after a divorce petition is filed before a court can grant a divorce. Limited exceptions apply in certain family violence cases.
The waiting period does not mean every divorce ends after 60 days. Cases involving disagreements about children, property, or finances may take much longer.
An uncontested divorce may move faster when both spouses agree and complete the required paperwork. Court schedules and local procedures can also affect the timeline.
How Is Property Divided in a Texas Divorce?
Texas is a community property state. Property and income acquired during marriage are generally presumed to belong to both spouses, although exceptions apply.
Under Texas Family Code § 7.001, courts divide the marital estate in a manner they consider just and right. This does not always mean an equal split.
Separate property, such as property owned before marriage or certain gifts and inheritances, generally remains with its owner if properly established.
What Happens to the Family Home During Divorce?
The family home may be one of the largest assets involved in a divorce. What happens to it depends on ownership, debts, finances, and family needs.
Possible outcomes include:
- Selling the home and dividing the proceeds
- Awarding the home to one spouse
- Refinancing a mortgage when possible
- Making temporary arrangements while the case continues
A divorce decree does not automatically remove a spouse’s name from a mortgage.
Understanding both property rights and loan obligations is important before agreeing to keep or sell the home.
How Does Child Custody Work in Texas?
Texas uses the term “conservatorship” to describe parents’ legal rights and duties regarding their children. Parenting time is often called possession and access.
Courts make custody decisions based on the child’s best interests. They may consider safety, stability, each parent’s ability to meet the child’s needs, and other relevant facts.
Joint managing conservatorship does not automatically mean equal parenting time. A parenting plan should explain important decisions, schedules, and each parent’s responsibilities.
Will I Have to Pay Child Support?
Child support helps cover a child’s everyday needs after parents separate or divorce. Texas uses guidelines that generally consider the paying parent’s net resources and the number of children involved.
Courts may adjust support when the circumstances justify a different amount. Medical and dental support may also be required.
Both parents have a duty to support their children. The amount and payment terms depend on the court’s order and the facts of the case.
Can I Receive Spousal Maintenance in Texas?
Texas allows court-ordered spousal maintenance in certain situations, but not every spouse qualifies.
Eligibility may depend on the length of the marriage, available resources, disability, family violence, or the care needs of a child with a disability.
Courts also consider factors such as employment history, education, and efforts to earn enough income. Maintenance amounts and duration are subject to legal limits, although exceptions may apply.
What if My Spouse Refuses to Cooperate?
A spouse cannot always prevent a divorce by refusing to agree or participate. However, the filing spouse must still follow legal notice requirements.
If your spouse does not respond after proper service, the court may be able to proceed with a default divorce. Special rules apply when service cannot be completed in the usual way.
A contested divorce may require hearings, document exchanges, or mediation before the court makes final decisions.
Contact the Austin Family Lawyers at Smith & Bledsoe Family Law for Help Today
Are you worried about losing your home, protecting your relationship with your children, or managing your finances after divorce? You don’t have to make these decisions without understanding your legal rights.
Smith & Bledsoe Family Law helps individuals and families in Austin navigate the challenges of divorce. Whether your case involves a disagreement over property, a difficult custody dispute, or questions about financial support, our attorneys can help you understand your options and prepare for the next steps.
Contact our Austin family law attorneys today to discuss your circumstances and get guidance tailored to your needs.