Texas Divorce Law

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Texas Divorce Guidelines

Texas's Residency Requirements

The petitioner must have been a resident of Texas for 6 months before filing for divorce in Texas. In addition, the petitioner must have been a resident of the Texas county for 90 days before filing for divorce.

Texas's Grounds for Divorce

Texas residents may file for divorce under fault or no-fault grounds.

Texas's no-fault grounds is:

  • discord and/or conflict between the personalities has made the marriage insupportable and has damaged the relationship past reconciliation
  • the spouses have lived separate and apart without cohabitation for 3 years

Texas's fault grounds include:

  • abandonment
  • adultery
  • conviction of a felony
  • cruel and inhuman treatment
  • incurable mental illness resulting in institutionalization for 3 years or more
 

Texas's Child Custody Guidelines

Divorcing parents are allowed to collaborate on a child custody arrangement. If the parents cannot reach a decision, a Texas court will make a ruling.

Texas courts consider factors such as:

  • wishes of the child, if the child is of a sufficient age and capacity to decide
  • whether the custodial parent would allow the noncustodial parent and the child to maintain a meaningful relationship
  • any evidence of abuse in each parent's past
  • each parent's circumstance
 

Texas's Child Support Guidelines

If the parents cannot agree on the amount of child support and the paying parent, child support will be decided by state-specific calculations and guidelines.

Texas courts consider factors such as:

  • whether the marriage lasted 10 years or longer
  • any history of abuse or violence in either spouse
  • each spouse's ability to support themselves independently
  • each spouse's financial situation, including retirement plans, health insurance, separate property, and more
 

Texas's Spousal Support Guidelines

Spousal support can be paid in one lump sum, in installments, or periodically. The spouses may determine the spousal support amount and payment schedule, or the courts may award spousal support.

Texas courts consider factors such as:

  • duration of the marriage
  • the standard of living experienced during the marriage
  • any custodial arrangements
  • each spouse's financial resourced, earning capacity, and assets
 

Texas's Property Division Guidelines

Texas has adopted community property guidelines, which means all property acquired jointly (excluding gifts, inheritances, and separate property) will be divided as fairly and equally as possible. Spouses may collaborate on the property distribution, but if they are unable to agree the courts will make a ruling.

Texas courts consider factors such as:

  • the rights of each party and any children to the property
 

Texas's Venue Guidelines

The petitioner may file their divorce forms in their Texas county of residence.

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  • 1. Create an account:

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  • 2. Answer the Questions:

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  • 3. File the Documents:

    Print our state approved completed forms, and file the divorce forms in the court.

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Feb 23, 2015
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