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Ending a marriage involves legal steps, emotional stress, and financial adjustments. In Texas, specific rules can influence the direction of your case. Before making any decisions or signing documents, it’s crucial to understand the most important things to know about divorce in the state. While the process may feel personal, the court views it through legal terms and timelines. Your actions early on can significantly impact how the process unfolds and, ultimately, how it ends.
1. Texas Is a No-Fault Divorce State
You don’t need to blame your spouse to end your marriage. Texas allows no-fault divorce based on “insupportability,” which means the relationship cannot continue because of conflict or incompatibility. It doesn’t require proof or wrongdoing.
Still, Texas also recognizes fault-based grounds, such as:
- Adultery
- Cruelty
- Abandonment
- Conviction of a felony
- Living apart for three years
- Confinement to a mental hospital
Filing under a fault ground can impact decisions on property division or spousal support. If you can prove fault, the court may grant you a larger share of the marital estate or deny alimony to the other party.
Most people file under no-fault because it keeps the process simpler and less combative.
2. You Must Meet Residency Requirements
Not everyone can file for divorce in Texas right away. You must meet the following residency rules:
- One spouse must have lived in Texas for at least six months
- That same person must have lived in the county where you plan to file for at least 90 days
If you recently moved or separated, double-check these timelines. Filing in the wrong county or too early could result in your case getting dismissed.
Once you meet these requirements, you can file your Original Petition for Divorce with the district court in your county.
3. The 60-Day Waiting Period Applies to Almost Every Case
Texas law requires a 60-day waiting period before finalizing a divorce. The clock starts the day you file. Even if you and your spouse agree on everything, the court won’t grant the divorce until this period passes.
This waiting period gives both parties time to think and settle any temporary matters like:
- Living arrangements
- Child custody schedules
- Temporary support or use of property
There are rare exceptions. If family violence is involved and you have a protective order or the other spouse was convicted or placed on deferred adjudication for domestic abuse, the court may waive the waiting period.
Use the 60 days to gather records, work on agreements, and plan your next steps.
4. Texas Follows Community Property Rules
Texas divides marital property using the “community property” system. That means everything you or your spouse acquired during the marriage belongs equally to both of you—unless you prove otherwise.
Separate property includes:
- Anything you owned before the marriage
- Gifts or inheritances made to you alone
- Settlements from personal injury (except lost wages or medical bills)
Community property may include:
- Homes and vehicles bought during the marriage
- Retirement accounts and investments
- Salaries, wages, and business income
- Debts, credit cards, and loans
The court divides community property in a way it considers “just and right.” That doesn’t always mean 50/50. The judge may consider fault, earning power, child custody, or spending habits when deciding who gets what.
To protect your interests, gather bank statements, tax returns, deeds, and loan records early in the process.
5. Custody and Child Support Decisions Put Kids First
If you have children, divorce affects far more than your relationship. Texas calls child custody “conservatorship,” and there are two main types:
- Joint Managing Conservatorship (JMC): Both parents share decision-making rights
- Sole Managing Conservatorship (SMC): One parent gets full authority, often due to abuse or risk
The court decides conservatorship based on what serves the child’s best interest. Judges consider:
- The child’s emotional and physical needs
- Each parent’s ability to care for the child
- Any history of violence or neglect
- The child’s preference (if they’re age 12 or older)
Visitation rights (called “possession and access”) follow a standard schedule unless both parents agree on a different arrangement.
Texas also has strict child support rules. The noncustodial parent typically pays a percentage of their net income, based on how many children they support:
- 20% for one child
- 25% for two
- 30% for three
- 35% for four
- 40% for five or more
Support continues until the child turns 18 or graduates from high school, whichever comes later. If the child has a disability, the court may extend the support indefinitely.
Additional Tips Before Filing for Divorce
Gather Financial Documents
Start collecting bank statements, tax returns, credit card balances, and retirement account records. These details affect property division and spousal support.
Stay Civil During the Process
Texas judges expect cooperation and maturity. Bad behavior can backfire, especially in custody matters. Avoid threats, emotional outbursts, or financial games.
Consider Mediation
You don’t have to agree on everything right away, but mediation can help you reach a fair settlement. It’s often cheaper and faster than a court battle.
Don’t Hide Assets
Trying to stash money or undervalue property can lead to court penalties. Honesty keeps the process fair and avoids long-term legal trouble.
Think About Post-Divorce Life
Plan ahead for housing, parenting, finances, and insurance changes. Divorce ends a legal relationship, but it also changes day-to-day life in practical ways.
Final Thoughts
Divorce in Texas is more than just the end of a marriage—it’s about safeguarding your future. The process involves important rules, deadlines, and decisions that impact finances, parenting, and personal stability. Understanding these key things to know about divorce will give you the clarity and confidence to navigate the process.
Whether your divorce is amicable or contentious, being informed and prepared will help minimize unexpected challenges. If anything feels unclear, consulting with a qualified attorney can guide you through the legal process and help you avoid costly mistakes.
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