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TX Divorce Law Summary

Timing and Jurisdiction:

One spouse must be a domiciliary of the State of Texas for at least six months, and a resident of a county for at least ninety days, before a divorce can be filed.  After the divorce is filed, there is a minimum 60-day waiting period before the divorce can be granted. Most cases take more than sixty days, to find out what there is and to finalize the agreed documents.

Grounds:

No-Fault Divorce Grounds: (1) the marriage has become insupportable because of discord or conflict of personalities that has destroyed the legitimate ends of the marriage relationship and prevents any reasonable expectation of reconciliation; or this no-fault ground (2) living separate and apart without cohabitation for 3 years. [Texas Codes Annotated; Family Code, Chapters 6.001 and 6.006].

Hearing:

After the 60 day period has elapsed there will be a hearing. The hearing lasts approximately 10 minutes. Only the moving party has to attend the hearing, but it is advisable for both parties to attend.

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Texas State Statutory Resources

TX Residency Requirements (Divorce) - Sec. 6.301. General Residency Rule for Divorce Suit. A suit for divorce may not be maintained in this state unless at the time the suit is filed either the petitioner or the respondent has been:  (1) a domiciliary of this state for the preceding six-month period; and (2) a resident of the county in which the suit is filed for the preceding 90-day period.

Grounds for Divorce in Texas (No-Fault, Uncontested):  Sec. 6.001. INSUPPORTABILITY. On the petition of either party to a marriage, the court may grant a divorce without regard to fault if the marriage has become insupportable because of discord or conflict of personalities that destroys the legitimate ends of the marital relationship and prevents any reasonable expectation of reconciliation. 

Sec. 6.006. LIVING APART. The court may grant a divorce in favor of either spouse if the spouses have lived apart without cohabitation for at least three years.  View all grounds for divorce in TX.

View the complete Texas Statutes.

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Child Support in Texas

Texas Interactive Child Support Calculator
Texas Family Code Chapter 154 - Child Support
Texas Child Support Program
FAQs on Child Support
Child Support Explained

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TX Child Custody and Visitation Law

Joint or sole managing conservatorship (custody) is determined according to the best interests of the child. The sex of the parents is not a factor for consideration. The wishes of the child may be considered.

Texas Family Code Chapter 153 - Conservatorship, Possession, and Access
FAQ on Child Custody and Visitation
Child Custody Resources

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Property Division in Texas

Texas is a "community property" state. The "community" property, consisting of any other property acquired by either spouse during the marriage, will be divided equally, unless the court finds that equal division would be unjust. Any property possessed by either spouse during the marriage is presumed to be community property unless it can be shown that the property is actually separate property. [Texas Codes Annotated; Family Code, Chapters 7.001-7.006].

Texas Family Code Chapter 7 - Award of Marital Property


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Texas Courts and Community Resources

Lawyers and Divorce
Mediation
Glossary of Family Law Terms
Texas Judiciary On-Line
Texas District Courts
Tarlton Law Library
Texas Courts Self-help
State Bar of Texas
TXLawHelp.org

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