Skip to content 
What you should know before getting a divorce in Texas is that the process involves more than just filling out forms. Divorce affects your finances, your home, your children and your future. It is a legal, emotional and practical journey that demands careful preparation. If you plan ahead, understand the laws and seek guidance when needed, you can approach the process with clarity and confidence.
Texas divorce laws are different from those in other states. You need to understand the specific requirements and rules before taking the first step. From residency rules to property division, child custody to spousal support, every detail matters. Knowing what lies ahead gives you the power to make informed decisions and protect what matters most.
Meet the Legal Requirements Before You File
Texas has clear rules about who can file for divorce. Either you or your spouse must have lived in the state for at least six months. You must also live in the county where you file for at least ninety days. If you do not meet these residency requirements the court will not accept your case. There are two main types of divorce in Texas: fault and no-fault. In a no-fault divorce you do not need to prove that either spouse did anything wrong. You only need to state that the marriage cannot continue due to conflict. This is the most common reason for divorce in the state.
A fault-based divorce requires proof. Acceptable grounds include adultery, cruelty, abandonment, felony conviction or confinement in a mental institution. A fault divorce can affect decisions about property and spousal support. However, it also requires more evidence and can lead to longer proceedings.
Understand How Property Division Works
Texas follows community property laws. That means anything earned or acquired during the marriage is usually split between both spouses. This includes income, real estate, retirement accounts and debts. It does not matter who made the purchase or whose name is on the account. Separate property belongs to one spouse only. This includes property owned before the marriage like gifts, inheritances and certain personal injury settlements. You must prove that property is separate through documentation. Without proof the court may treat it as community property.
The court does not always divide everything equally. Instead, it uses the standard of a “just and right” division. The judge considers many factors, such as earning capacity, child custody and fault in the breakup. What you should know before getting a divorce in Texas is that fair division is not always a 50-50 split.
Know What to Expect From the Waiting Period
Texas law includes a mandatory sixty-day waiting period from the time you file for divorce. The court will not finalize your divorce until those sixty days have passed. This rule applies even if both parties agree on all terms. There are only a few exceptions. If there has been domestic violence and a protective order is in place, the court may waive the waiting period. Most couples, however, must wait the full two months.
This time is not wasted. It gives both sides a chance to reflect, gather documents and consider options. It also allows for possible mediation or settlement discussions. If used wisely the waiting period can make the final outcome more effective and less stressful.
Consider the Impact on Your Children
If you have children custody will become one of the most important parts of your divorce. Texas courts always consider the best interest of the child when making decisions. They usually prefer joint managing conservatorship, where both parents share decision-making rights. This does not always mean equal parenting time. Courts will decide a schedule based on work hours, school needs and the child’s relationship with each parent. You and your spouse can create your own parenting plan but the court must approve it.
Child support is calculated using a set formula. The noncustodial parent usually pays a percentage of their income. The court may adjust that amount if the child has special needs or if there are other relevant factors. What you should know before getting a divorce in Texas is that custody arrangements can shape your daily life. The court expects both parents to work together and support the child’s well-being.
Review the Rules on Spousal Maintenance
Spousal maintenance, also known as alimony, is not automatic in Texas. You must meet certain conditions to qualify. The law is strict about who receives support and for how long. To receive maintenance you must prove that you cannot meet basic needs and meet at least one qualifying condition. These include marriages lasting ten years or more, a recent history of family violence or a disability that prevents you from working.
Even if you qualify there are limits. The court will not order more than $5,000 per month or more than 20 percent of the paying spouse’s average income. The court also limits how long payments last based on the length of the marriage. Judges consider several factors when deciding support including the age and health of both spouses, the education level of the receiving spouse and efforts to become self-sufficient. Spousal maintenance is meant to help, not punish. It supports the lower-earning spouse while they transition into financial independence.
Decide How You Want to Handle the Process
There is more than one way to get divorced in Texas. The method you choose will affect cost, time and emotional stress. An uncontested divorce is the simplest option. If you and your spouse agree on all terms you can avoid trial. You will still need to file paperwork and attend a final hearing but the process moves quickly and with less conflict. If you do not agree mediation is often the next step. A neutral third party helps you find common ground. Mediation can be faster and less expensive than going to court. It also gives you more control over the outcome.
Litigation is the most formal route. If you cannot agree on major issues a judge will decide. Trials are time-consuming and often emotional. But sometimes they are necessary to resolve difficult disputes. What you should know before getting a divorce in Texas is that you have choices. The right path depends on your goals, your relationship with your spouse and the complexity of your case.
Gather the Right Documents Early
Divorce requires accurate and complete information. You will need financial documents, legal records and personal details. Having everything ready makes the process smoother. Start with proof of income. Collect pay stubs, tax returns and business records if you are self-employed. Include bank statements, credit card bills and loan documents. List all assets and debts. This includes real estate, vehicles, retirement accounts and insurance policies. For separate property gather receipts, gift records or inheritance documents.
If you have children prepare records about their school, health and daily routine. Include copies of insurance cards and schedules. The court uses this information to create realistic custody and support plans. Staying organized reduces stress. It also shows the court that you are prepared and responsible.
Understand How Divorce Will Affect Your Finances
Divorce changes your financial situation. Your income, expenses and credit may all shift. You need a clear plan for moving forward. Start by creating a post-divorce budget. Estimate housing, food, childcare, insurance and other costs. Factor in any support you may pay or receive. Close joint bank accounts and credit cards, if possible. Open accounts in your own name. This protects your credit and avoids confusion over shared debts.
Think about your future. Will you need to return to work or change jobs? Do you have health insurance? What is your retirement plan? These questions matter and you should address them early. What you should know before getting a divorce in Texas is how to protect your financial future. With a solid plan you can rebuild and move ahead with confidence.
| Financial Step | Purpose and Benefit |
| Create a post-divorce budget | Helps you plan for new living expenses and manage your financial obligations |
| Close joint accounts | Protects your credit and avoids liability for your spouse’s spending |
| Open individual accounts | Establishes your financial independence and simplifies money management |
| Track all assets and debts | Ensures accurate property division and supports your legal claims in court |
| Review insurance and retirement | Helps you prepare for long-term financial stability after the divorce |
Take Care of Yourself Through the Process
Divorce is not just a legal event. It affects your emotions, your relationships and your health. Taking care of yourself is just as important as managing paperwork. Talk to someone you trust. Consider counseling or support groups. Stay connected to friends and family. You do not have to face this alone. Avoid conflict with your spouse. Keep communication focused on practical matters. Stay calm, especially if you share parenting duties. The more respectful the process, the better for everyone involved.
Limit what you share on social media. Avoid posting about your divorce or making negative comments. These actions can hurt your case in court. Be patient with yourself. Healing takes time. Focus on your well-being and stay hopeful about the future.
Work With Professionals You Can Trust
You do not have to navigate this process alone. A family law attorney can explain your rights, draft documents and represent you in court. Their guidance helps you avoid mistakes and make informed decisions. If you cannot afford an attorney look for legal aid or low-cost services. Many Texas counties offer legal clinics or referral programs. Even one consultation can make a big difference.
You might also work with financial advisors or divorce coaches. These professionals help you prepare for life after divorce. What you should know before getting a divorce in Texas is that the right support matters. When you have trusted experts by your side the journey becomes easier.
Final Thoughts: Prepare for a Fresh Start
Divorce marks the end of one chapter and the beginning of another. You can move forward with dignity, security and peace of mind. Take the time to understand the process. Protect your rights, your family and your future. Build a strong support system and trust your ability to begin again.
Every decision you make today shapes what comes next. What you should know before getting a divorce in Texas is that preparation leads to power. And with the right knowledge you are ready to face this challenge and take control of your future.
Other Related Articles:
- Interested in getting a Texas divorce? Learn the paths your case could take before you begin
- What Questions To Ask Before Getting a Divorce
- Divorce in Texas without a Lawyer: Every Step Explained
- Essential Requirements for Divorce in Texas: What Every Texan Should Know
- How to Check the Status of a Divorce Filing in Texas: The Legal Side Explained
- Simplifying the Legal Steps to Divorce in Texas
- Texas Divorce Attorney Consultation: Expert Guidance & Free Initial Advice
- Is Filing for Divorce in Texas the Best Option for You?
- What Everyone Gets Wrong About Fast Divorce In Texas
- Key Things to Understand Before Starting an E-File Divorce in Texas
