Divorce in Texas
Texas is a community property state where the court divides community property in a way it finds just and right, which is not always 50/50. The state allows both fault and no-fault grounds for divorce and requires at least one spouse to have been a Texas resident for six months and a resident of the filing county for 90 days. A 60-day waiting period applies.
Quick Facts
Residency Requirement
6 months in state, 90 days in county
Waiting Period
60 days after filing
Filing Fee (approximate, varies by county)
$250-$400
Property Division
community property
Grounds for Divorce
- Insupportability
- Living apart for 3 years
- Adultery
- Cruel treatment
Key Facts
- Texas is a community property state; the court divides community property in a way it finds just and right
- A mandatory 60-day waiting period applies after filing
- At least one spouse must have resided in Texas for 6 months and the county for 90 days
- Texas uses the term 'insupportability' for no-fault divorce (irreconcilable differences)
- The court can order a 'just and right' division that is not necessarily 50/50
Child Custody
Texas courts use the terms 'conservatorship' (custody) and 'possession and access' (visitation). There is a presumption of joint managing conservatorship. The court considers the best interests of the child and the qualifications of the parents.
Alimony / Spousal Support
Texas has limited spousal maintenance, generally available only when the marriage lasted at least 10 years and the requesting spouse lacks sufficient property or earning ability. Maximum duration is 5-10 years depending on the length of the marriage, with a cap of the lesser of $5,000 per month or 20% of the payor's average monthly gross income.
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FAQs
Common questions about divorce in Texas
Insupportability is Texas's term for no-fault divorce. It means the marriage has become insupportable due to discord or conflict that destroys the legitimate ends of the marriage and prevents any reasonable expectation of reconciliation. It is equivalent to irreconcilable differences.
While Texas is a community property state, the court aims for a 'just and right' division, which is not always exactly 50/50. The court may consider factors such as fault in the breakup, the disparity in earning capacities, and the needs of the children to award a disproportionate share.