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What you should know before pursuing filing divorce in Texas is that every decision you make will impact your future. Divorce in this state is more than ending a marriage. It involves careful steps that affect property, children and your personal rights. Whether your separation is peaceful or filled with tension, you must follow strict legal procedures. Understanding the laws and preparing in advance will help you avoid costly mistakes.
Texas courts follow specific rules for divorce cases. These rules affect timelines, support, custody and property division. If you are planning to file, you must understand what the court expects. A lack of preparation can delay your case or harm your outcome. The more you learn before filing, the better equipped you will be.
Residency and Jurisdiction
Where You File Matters
Before you file, you must meet the Texas residency requirement. At least one spouse must live in Texas for six months. That same spouse must also live in the county where they file for at least 90 days. If these conditions are not met, the court will reject the petition. This rule ensures fairness and proper jurisdiction.
Even after meeting these conditions, you must observe the 60-day waiting period. Texas law requires all couples to wait at least 60 days from the date of filing before the divorce can be finalized. Only in rare cases involving abuse or violence will the court waive this requirement. These timing rules are one of the first things you must consider as part of what you should know before pursuing filing divorce in Texas.
Legal Grounds for Divorce
Fault and No-Fault Options
Texas allows couples to choose between no-fault and fault-based divorces. In a no-fault divorce, neither spouse has to prove wrongdoing. You only need to state that the marriage has become insupportable. This keeps the process simple and often faster. Fault-based divorce requires evidence of wrongdoing. This includes cruelty, adultery, or abandonment. If granted, fault can influence property division and support decisions.
Judges may give more to the innocent spouse if the other caused serious harm. Choosing the right grounds is important. Your case can change direction depending on what you claim. When deciding, speak with an attorney. They can explain how your choice may affect the case. Fault may bring more court time and expense. Still, it can lead to a more favorable result in some cases.
Community Property and Asset Division
Texas Is a Community Property State
Texas law treats property acquired during the marriage as community property. This means both spouses share equal ownership, regardless of who earned or bought it. During the divorce, the court divides this property in a way that is fair and just. This does not always mean a 50-50 split. The judge may consider earning potential, health, and fault when dividing assets. Items acquired before marriage or received as gifts or inheritance are considered separate property. These are not subject to division unless they have been mixed with community assets.
To keep separate property protected, you must prove it clearly. This includes showing records like purchase receipts or bank statements. Failing to prove ownership could lead to the court dividing the item. Debts are also shared. Credit cards, loans, or mortgages opened during the marriage are typically community debt. The court will divide both assets and liabilities based on fairness. This financial detail is a vital part of what you should know before pursuing filing divorce in Texas.
Custody and Conservatorship
Joint and Sole Conservatorship Explained
Texas does not use the word “custody.” Instead, it uses “conservatorship” to describe the legal rights of parents. The court usually appoints both parents as joint managing conservators. This means both share decisions about education, medical care and other important matters. Still, one parent may have the exclusive right to decide the child’s primary residence. This is the parent with whom the child will live most of the time. The court considers many factors when choosing which parent gets this right. These include the child’s age, needs and the home environment.
The court requires a parenting plan. This plan outlines the time each parent will spend with the child. If parents agree, the court will usually approve the plan. If they cannot agree, the judge will decide. The child’s best interest always comes first. If there is a history of abuse, neglect, or instability, the court may limit one parent’s rights. Understanding how conservatorship works is essential to what you should know before pursuing filing divorce in Texas.
Child Support and Responsibilities
Understanding Payment Obligations
In most cases, one parent must pay child support to the other. Texas uses a percentage formula based on the paying parent’s income. The more children involved, the higher the percentage. The law sets minimums, but the court may adjust the amount based on the child’s needs. Support also includes medical and dental coverage. The parent who pays support must provide insurance or cover the cost through a plan. The receiving parent must use the funds to support the child’s basic needs. The money is not considered personal income.
Child support orders are legally binding. If a parent fails to pay, the state can take serious action. This includes wage garnishment, license suspension or court penalties. Always stay current on payments to avoid consequences. Support does not end with divorce. It lasts until the child turns 18 or graduates high school, whichever comes later. In cases of disability, support may continue longer. This legal obligation is a lasting part of what you should know before pursuing filing divorce in Texas.
| Child Support Factor | Details |
| Payment Basis | Calculated as a percentage of the paying parent’s net monthly income |
| Number of Children | Affects the percentage used in the formula |
| Medical and Dental Coverage | Required as part of child support obligations |
| Duration of Support | Ends at age 18 or high school graduation, whichever occurs later |
| Legal Enforcement | Courts can use wage garnishment or suspend licenses for non-payment |
| Adjustment Possibility | Courts may modify amounts for special needs or significant financial changes |
Spousal Maintenance and Support
Limited Circumstances for Alimony
Texas does not award spousal maintenance in every case. To qualify, the requesting spouse must prove they cannot meet basic needs after the divorce. Reasons may include a long absence from the workforce, disability or responsibility for a child with special needs. The court also considers the length of the marriage. Spouses married ten years or more may qualify more easily.
The judge also looks at job skills, education and the effort made to find work. If approved, maintenance is usually temporary. The goal is to help the spouse become self-sufficient. Payments are limited in amount and duration. The court may end them early if the receiving spouse remarries or gains stable income. Knowing how maintenance works is part of what you should know before pursuing filing divorce in Texas.
No Legal Separation in Texas
You Are Married Until Divorced
Some states allow legal separation, which lets couples live apart with court-ordered rights. Texas does not. You are either married or divorced. There is no in-between status. This matters when it comes to property and debt. Even if you live apart, any new income or assets may still count as community property. The same applies to new debt.
Until the court issues a final divorce decree, both spouses remain legally connected. If you plan to separate before filing, be cautious. Your finances and property may still be tied to your spouse. A formal divorce is the only way to fully separate rights and obligations. This gap in legal protection is an often-overlooked part of what you should know before pursuing filing divorce in Texas.
Mediation and Court Options
Settling Outside of Trial
Texas courts often encourage mediation. This is a private meeting with a neutral third party who helps both sides reach agreement. Mediation can save time, money and emotional stress. It gives couples control over their own divorce terms. Instead of letting a judge decide, they can craft a plan that fits their family. Mediation is usually required before a trial can take place. If mediation fails, the case goes to court.
There, each side presents evidence and the judge makes final decisions. This process is more formal and often longer. Settling through mediation is often smoother. It also keeps personal matters more private. For many couples, mediation is the best way to resolve disagreements. Planning for this step is part of what you should know before pursuing filing divorce in Texas.
Filing Process and Required Forms
What You Need to Start
Divorce begins when one spouse files an original petition with the court. This form outlines what the filer wants and the grounds for divorce. It must be served to the other spouse, who then has the chance to respond. Next comes temporary orders. These control property, access to children and payments while the divorce is pending. Both spouses may attend a hearing where the judge sets these temporary rules. Discovery follows. This step involves exchanging financial information and documents.
Both sides must fully disclose assets and debts. Failure to do so can result in penalties or delays. Finally, the court reviews the final agreement or holds a trial. If the judge approves the terms, they issue a divorce decree. This document makes the divorce official and legally binding. Missing forms or deadlines can hurt your case. Make sure you follow each step carefully. Understanding this process is part of what you should know before pursuing filing divorce in Texas.
Final Thoughts
What you should know before pursuing filing divorce in Texas is that preparation changes everything. This is not just about ending a relationship. It is about protecting your rights, your children, and your future. Each decision has consequences. From where you file to how you divide property, small details make a big difference. Knowing the rules and planning ahead will reduce stress and improve your outcome.
Texas law has clear expectations. It rewards those who follow the process with honesty and care. Before you file, take time to gather facts. Speak to an attorney. Think about your goals and responsibilities. A strong start often leads to a smoother end. And that can make all the difference when starting over.
Other Related Articles:
- Why Understanding Property Laws in Texas is Crucial Before Filing for Divorce
- Divorce Residency Requirements in Texas: What You Need to Know Before Filing
- What You Need to Think About Before Filing for Divorce When Your Spouse Lives Outside the USA
- How long do you have to be separated before Divorce Filing in Texas?
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