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Divorce decisions in Texas carry lasting consequences, impacting everything from property division to child custody arrangements. Judges don’t make rulings based on assumptions—they follow strict legal guidelines and consider detailed factors such as each spouse’s income, parenting involvement, and ownership of assets. Understanding how these decisions are made can help you prepare more effectively, avoid unexpected outcomes, and focus on securing the best possible results for your future and your family.
No-Fault Divorce in Texas
Texas allows no-fault divorce, which means you don’t have to prove wrongdoing to end the marriage. One spouse only needs to claim the marriage has become insupportable due to conflict.
The court may still look at fault in other areas, like dividing property. If one spouse committed adultery, abused the other, or wasted shared money, the judge can factor that into their decisions.
Community Property Basics
Texas uses the community property system. That means the court assumes both spouses equally own anything earned or bought during the marriage.
Community property includes:
- Income from either spouse
- Homes, vehicles, or land bought during marriage
- Retirement accounts and investments
- Business profits
- Debts incurred during the marriage
Separate property stays with the original owner. This includes anything owned before the marriage, inheritances, and personal gifts.
The court divides community property in a way it finds “just and right.” That doesn’t always mean an even 50-50 split. Judges consider several factors before making the call.
What the Court Considers in Property Division
Judges don’t use a fixed formula to divide assets. They look at each spouse’s situation and aim for a result that makes sense.
Factors that affect property division:
- Each spouse’s income and earning ability
- Who has custody of the children
- Age and health of both parties
- Length of the marriage
- Fault in the breakup
- Waste or hiding of assets
- Each person’s separate property
One spouse may get a larger share if the other earns much more or caused financial harm during the marriage.
Child Custody and Conservatorship
Texas uses the term conservatorship instead of custody. Courts decide which parent gets legal decision-making rights and how the parents will share time with the children.
Types of Conservatorship:
- Joint Managing Conservatorship: Both parents share rights and duties
- Sole Managing Conservatorship: One parent has the main legal authority
- Possessory Conservator: The noncustodial parent gets visitation but fewer legal rights
Judges prefer joint conservatorship when both parents are involved and can work together. However, courts may award sole conservatorship if one parent has a history of abuse, neglect, or absence.
Best Interest of the Child Standard
The court always uses the child’s best interest as the main standard for custody decisions. This means focusing on what benefits the child, not what each parent wants.
Courts consider:
- Physical and emotional needs of the child
- Parenting history
- Ability to provide a safe and stable home
- Mental and physical health of the parents
- Relationship between the child and each parent
- Child’s preference (if 12 or older)
- Any history of violence or abuse
Judges don’t favor mothers or fathers automatically. They look at who can meet the child’s needs best in daily life.
Possession and Access (Visitation)
Texas courts use a Standard Possession Order (SPO) as a starting point. This schedule outlines when each parent sees the child.
The SPO typically gives one parent weekends, Thursday evenings, holidays, and extended summer time. Parents can agree to a different schedule if it fits the child better.
Judges may modify the SPO in cases involving very young children, long distances, or special needs.
Child Support Guidelines
Texas sets child support based on a percentage of the paying parent’s income. The court calculates net monthly income and uses a fixed scale:
- 1 child: 20%
- 2 children: 25%
- 3 children: 30%
- 4 children: 35%
- 5 or more: 40%
This applies to income up to a certain limit, adjusted each year. Judges may order more or less based on the child’s medical needs, educational expenses, or unique circumstances.
Support continues until the child turns 18 or graduates high school, whichever comes later. It may extend longer if the child has a disability.
Spousal Maintenance (Alimony)
Spousal maintenance isn’t automatic in Texas. Courts only award it in limited cases, usually when one spouse can’t meet basic needs after the divorce.
A spouse may qualify if:
- The marriage lasted 10 years or longer
- They cannot earn enough to support themselves
- They care for a disabled child full-time
- The other spouse was abusive during the marriage
The court limits how much and how long spousal maintenance lasts. It often lasts five years for shorter marriages and up to ten years for longer ones. The law caps payments at 20% of the paying spouse’s gross income or $5,000 per month, whichever is less.
Temporary Orders During the Divorce
Divorces in Texas often take months. During that time, judges can issue temporary orders to protect children and maintain stability.
These orders may cover:
- Who stays in the house
- Who pays the bills
- Temporary custody
- Visitation schedules
- Child and spousal support
Temporary orders remain in place until the final divorce is complete or the court changes them. Violating a court order can lead to penalties.
Enforcing Court Orders
After the divorce, each spouse must follow the final decree. If one person fails to pay support, violates custody terms, or hides assets, the other can ask the court to enforce the order.
Judges may:
- Hold the person in contempt
- Order make-up visitation
- Garnish wages for unpaid support
- Impose fines or jail time in serious cases
Keeping records helps you prove your case if enforcement becomes necessary.
Modifying Final Orders
Life changes after divorce. You can return to court to request a modification of child support, custody, or visitation terms.
To get a change approved, you must show a material and substantial change in circumstances, such as:
- Job loss or significant raise
- One parent moves far away
- Changes in the child’s needs
- Abuse or neglect concerns
Texas courts don’t change orders just because one person wants something different. There must be clear evidence the change helps the child or reflects a new reality.
Final Thoughts
Texas courts work to ensure that divorce decisions are fair, balanced, and grounded in the law. Judges carefully review each case, weighing key factors to divide property, establish custody, and determine financial support. Emotions may run high during divorce, but the court focuses on facts, not feelings.
Understanding how divorce decisions are made gives you a clear advantage. By staying organized, highlighting relevant details, and avoiding common legal pitfalls, you can present a stronger case. With honest preparation and a focus on what the law values, you’ll be better equipped to reach a stable and favorable outcome.
Questions about the material contained in today’s blog post? Contact the Law Office of Bryan Fagan
If you have any questions about the material contained in today’s blog post, please do not hesitate to contact the Law Office of Bryan Fagan. Our licensed family law attorneys offer free-of-charge consultations six days a week in person, over the phone, and via video. These consultations are a great way for you to learn more about the world of Texas family law as well as about how your family’s circumstances may be impacted by the filing of a divorce or child custody case.
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