What to Expect in a Texas Divorce – Child Support in Texas
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Divorce brings major life changes—legal decisions, financial adjustments, and emotional pressure. Even though Texas law outlines the process, many people still feel overwhelmed. Understanding what to expect in a Texas divorce gives you the tools to navigate each step more confidently. From filing the initial petition to reaching final court orders, preparation can prevent costly mistakes and delays. This guide breaks down the essential stages, helping you approach your case with greater clarity, control, and peace of mind.
Texas as a No-Fault Divorce State
Texas allows both fault-based and no-fault divorce. In a no-fault case, one spouse simply claims the marriage has become “insupportable” due to conflict that cannot be resolved. Most divorces in Texas fall into this category.
In a fault-based divorce, one spouse blames the other for misconduct such as adultery, cruelty, or abandonment. Fault can affect how courts divide property or decide spousal support.
Either type of divorce starts the same way, but fault-based claims often take longer and cost more to resolve.
Filing the Petition
The divorce process begins when one spouse (the petitioner) files an Original Petition for Divorce with the district court in the county where either spouse lives. That person must have lived in Texas for at least six months and in the county for at least 90 days.
The petition outlines basic facts about the marriage, children, property, and reasons for divorce. Once filed, the other spouse (the respondent) must be officially served or sign a waiver of service.
Waiting Period
Texas has a 60-day waiting period before a divorce can be finalized. The countdown starts on the day the petition is filed. This rule gives couples a chance to reconsider or resolve things outside of court.
Some exceptions apply, such as cases involving family violence, but most divorces must wait out this period even if both sides agree on everything.
Temporary Orders
Many couples file for temporary orders early in the case. These court orders set rules for the months between filing and finalizing the divorce. They may cover:
Who stays in the house
Who pays which bills
Temporary child custody and support
Restrictions on selling or moving property
These orders help stabilize the situation until the divorce is done. Judges aim to reduce conflict and protect the interests of any children involved.
Division of Property and Debt
Texas follows community property rules. This means most assets and debts acquired during the marriage belong to both spouses equally. Courts divide them in a way that’s “just and right,” which doesn’t always mean 50/50.
Factors that influence how the court splits property include:
Each spouse’s income and financial situation
Fault in the breakup
Length of the marriage
Each spouse’s contribution to the household
Separate property includes anything a spouse owned before the marriage, inherited, or received as a gift. The person claiming separate property must prove it belongs solely to them.
Child Custody and Visitation
Texas courts use the term “conservatorship” instead of custody. Parents can be named joint managing conservators or one may be named the sole managing conservator. Joint conservatorship is common and gives both parents rights to make decisions about the child.
Visitation rights are laid out in a possession schedule. The standard possession order works for most families, but courts can adjust it based on the child’s needs, school schedule, or travel distances.
Texas law requires that custody decisions serve the best interests of the child. Judges look at each parent’s involvement, stability, and relationship with the child.
Child Support Guidelines
The noncustodial parent usually pays child support to the custodial parent. Texas uses a percentage-based formula based on the paying parent’s income. The amount may change based on how many children need support and whether the parent supports children in other households.
Parents can agree on a different amount, but courts must approve the agreement. Judges want to confirm that the support amount meets the child’s needs.
Spousal Maintenance
Spousal support, known as maintenance in Texas, is not automatic. One spouse must prove they cannot meet their minimum needs after the divorce. The court then decides whether the other spouse must pay and how much.
To qualify, the requesting spouse must meet one of the following conditions:
Marriage lasted at least 10 years
The spouse has a disability
The spouse cares for a disabled child
Family violence occurred
Maintenance is usually limited in time. The court often sets a fixed term based on how long the couple was married.
Mediation and Settlement
Most Texas courts require couples to try mediation before trial. Mediation gives both sides a chance to settle issues privately with the help of a neutral third party. If successful, the couple signs a Mediated Settlement Agreement (MSA), and the lawyers draft a Final Decree of Divorce based on that agreement.
Mediation can save time and money. It also keeps matters out of public court records. Many couples prefer this route when they want control over the outcome instead of leaving it to a judge.
Going to Trial
If mediation fails or spouses can’t agree on key issues, the case moves to trial. This step involves:
Witnesses
Evidence
Cross-examinations
Final decisions by a judge
Trials take longer and cost more than settlement. The judge decides everything, including custody, support, and property division. That decision becomes final unless appealed.
Final Decree of Divorce
Once both sides agree or the court makes a ruling, the lawyer drafts the Final Decree of Divorce. This document outlines all decisions made about property, debts, children, and support. Both parties sign it, and the judge reviews and signs it into law.
Parents may need to return to court if circumstances change, such as job relocation or remarriage. Texas allows modifications to support and custody orders if the changes are significant and ongoing.
Emotional and Financial Impact
Divorce is not just a legal process. It also creates emotional and financial strain. People often go through grief, anger, stress, or confusion during and after the divorce. This can affect decision-making and communication.
It helps to work with professionals who understand the process. Lawyers, mediators, and therapists all play a part in helping people move forward in a healthy way.
Final Thoughts
Understanding what to expect in a Texas divorce empowers you to navigate the process with confidence. Divorce involves legal filings, emotional challenges, and life-changing decisions about finances, property, and children. With the right legal guidance and clear goals, you can protect your rights, minimize conflict, and move forward with a stronger foundation for your future.
Child Support Ebook
If you want to know more about what you can do, CLICK the button below to get your FREE E-book: “Child Support E-Book”
Bryan Fagan, a native of Atascocita, Texas, is a dedicated family law attorney inspired by John Grisham’s “The Pelican Brief.” He is the first lawyer in his family, which includes two adopted brothers. Bryan’s commitment to family is personal and professional; he cared for his grandmother with Alzheimer’s while completing his degree and attended the South Texas College of Law at night.
Married with three children, Bryan’s personal experiences enrich his understanding of family dynamics, which is central to his legal practice. He specializes in family law, offering innovative and efficient legal services. A certified member of the College of the State Bar of Texas, Bryan is part of an elite group of legal professionals committed to ongoing education and high-level expertise.
His legal practice covers divorce, custody disputes, property disputes, adoption, paternity, and mediation. Bryan is also experienced in drafting marital property agreements. He leads a team dedicated to complex family law cases and protecting families from false CPS allegations.
Based in Houston, Bryan is active in the Houston Family Law Sector of the Houston Bar Association and various family law groups in Texas. His deep understanding of family values and his professional dedication make him a compassionate advocate for families navigating Texas family law.
At the Law Office of Bryan Fagan, PLLC, the firm wants to get to know your case before they commit to work with you. They offer all potential clients a no-obligation, free consultation where you can discuss your case under the client-attorney privilege. This means that everything you say will be kept private and the firm will respectfully advise you at no charge. You can learn more about Texas divorce law and get a good idea of how you want to proceed with your case.
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