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Divorce laws in Texas can feel confusing and stressful, especially when you’re facing major decisions about your home, your children, and your financial future. Every step comes with strict rules, deadlines, and paperwork—and even small missteps can cause major setbacks. Got questions about Texas divorces? You’re not alone. Many people don’t know where to begin or what to expect from the process. That’s why this guide lays out the essentials in simple, straightforward terms—helping you gain clarity, avoid costly mistakes, and take confident steps toward a new chapter.
How Long Does a Divorce Take in Texas?
Texas law sets a mandatory 60-day waiting period from the day a divorce petition is filed. In straightforward cases with no disputes over assets, children, or support, finalizing the divorce shortly after the 60 days is possible. If the case involves disagreements or needs court intervention, the process can stretch to several months or even over a year.
Do You Need Grounds to File for Divorce in Texas?
Texas allows both “no-fault” and “fault-based” divorces. Most couples choose no-fault, which only requires stating that the marriage has become insupportable, meaning it cannot be fixed. No one needs to prove wrongdoing.
However, you can also file on fault-based grounds like:
- Adultery
- Cruelty
- Abandonment
- Long-term confinement in a mental hospital
- Conviction of a felony
Using fault-based grounds may affect property division and other decisions.
Who Can File for Divorce in Texas?
You can file if you meet the residency requirements:
- You must have lived in Texas for at least six months
- You must have lived in the county where you file for at least 90 days
Either spouse can file as long as those requirements are met.
What’s the Difference Between Contested and Uncontested Divorce?
An uncontested divorce means both spouses agree on all issues. These often resolve faster, involve less cost, and don’t require as much court time.
A contested divorce happens when the spouses disagree about property, custody, support, or other terms. These usually take longer and may require hearings or a trial.
How Does Property Division Work?
Texas is a community property state. This means most property and debts acquired during the marriage belong to both spouses. Courts aim for a fair split, but that doesn’t always mean a perfect 50-50 split.
The court looks at factors such as:
- Each spouse’s income and earning ability
- Who has custody of the children
- Any history of fault like cheating or financial misconduct
Separate property stays with the original owner. This includes property owned before marriage, gifts, or inheritances.
What About Child Custody and Support?
Conservatorship
Texas uses the term “conservatorship” instead of custody. Most courts prefer joint managing conservatorship, which means both parents share rights and duties. That doesn’t always mean equal time with the child, but both parents stay involved.
If there’s concern about one parent’s behavior, the court may assign sole managing conservatorship to the more stable parent.
Visitation
Standard visitation schedules usually apply if both parents live nearby. These can be adjusted to fit school schedules, holidays, and work hours.
Child Support
Texas calculates child support based on the noncustodial parent’s income. Here’s a rough guide:
- 1 child: 20% of monthly net income
- 2 children: 25%
- 3 children: 30%
These numbers can shift based on medical costs, other children, or special needs.
Do You Need a Lawyer?
You don’t legally need a lawyer to file for divorce in Texas. Some people choose to represent themselves, especially in uncontested divorces.
However, legal advice is helpful if your case involves:
- Disputes over children
- Property that’s hard to divide
- Retirement accounts or business ownership
- Domestic violence or protective orders
Even in peaceful divorces, a lawyer can review paperwork and help avoid delays or mistakes.
What Happens to Retirement Accounts?
Texas considers retirement plans earned during the marriage as community property. Dividing them usually requires a special court order called a QDRO (Qualified Domestic Relations Order). This applies to 401(k)s, pensions, and other employer-sponsored plans.
IRAs are divided using a different process but still count as part of marital assets if contributions were made during the marriage.
Can You Stay on Your Spouse’s Health Insurance?
Once the divorce is final, you can’t stay on your ex-spouse’s employer-sponsored health plan. You may qualify for COBRA, which lets you keep the same coverage temporarily, but it can be expensive.
Looking into your own plan or applying through the health insurance marketplace can help fill the gap.
What If Your Spouse Doesn’t Want to Divorce?
Texas does not require mutual agreement to divorce. As long as one spouse wants out and meets the residency rules, the court will allow the case to proceed.
If the other spouse ignores the papers or refuses to participate, the court can grant a default judgment.
Can You Get a Divorce Without Going to Court?
In some uncontested divorces, the couple never has to appear in court. After filing and completing all required steps, the judge may finalize the divorce by signing a decree without a hearing.
That said, many cases do involve at least one brief court appearance, especially when children or property are involved.
What Happens If One Spouse Hides Assets?
Texas law requires both spouses to fully disclose all property, accounts, and debts. If one spouse tries to hide assets, the court can penalize them and award the hidden value to the other spouse.
Subpoenas, depositions, and financial experts can help uncover missing or hidden property.
Is Mediation Required?
Some courts require mediation before setting a trial date. Mediation brings both parties together with a neutral third person who helps them find common ground. It often helps avoid lengthy court battles.
Even when not required, mediation can help resolve tough issues like child custody or who keeps the home.
What Is a Divorce Decree?
This is the final court order that officially ends the marriage. It outlines all decisions made in the case, including:
- Custody and visitation
- Property division
- Child support and alimony
- Other agreed or court-ordered terms
Both parties must follow the terms. If one side breaks the order, the other can go back to court to ask for enforcement.
Can You Change the Terms Later?
Yes, but only under certain conditions. You can ask the court to modify orders related to children or support if your circumstances change. Examples include:
- A parent moves out of state
- Job loss or a major change in income
- Concerns about child safety
Courts won’t change things just because someone disagrees with the original terms. You must show a valid reason and file the right forms.
How Do Texas Courts Handle Alimony?
Texas uses the term “spousal maintenance.” It’s not automatic and usually applies in limited cases, like:
- The marriage lasted 10 years or longer
- One spouse can’t meet basic needs due to a disability or financial hardship
- There was domestic abuse
Even when awarded, spousal maintenance has limits on duration and amount.
Promote Your Practice Here
Need help with your Texas divorce? Our team knows what it takes to file, fight, and finalize your case. We help clients understand their rights, fill out court forms, and protect their interests every step of the way. Whether you’re filing for the first time or modifying an old order, we’re here to support you. Call us today to schedule a consultation and get answers that matter.
If you’re feeling uncertain about what lies ahead, you’re not alone—many people find the divorce process confusing and emotionally draining. Got questions about Texas divorces? It’s important to seek reliable information and qualified legal guidance early on. Understanding your rights, responsibilities, and options can make all the difference in achieving a smoother, more manageable outcome. Whether you’re concerned about custody, property division, or financial support, getting informed is the first step toward protecting your future and making confident decisions.
Frequently Asked Questions
What if I can’t find my spouse?
You can still file. The court allows “service by publication” after you show good faith efforts to locate them.
Can I file for divorce while pregnant?
Yes, but the court won’t finalize the divorce until the child is born and custody issues are addressed.
What is the average cost of a divorce in Texas?
It varies. Uncontested divorces may cost under $1,000, while contested ones with trials can go over $15,000.
Can I change my name during the divorce?
Yes. You can include a name change in your divorce petition or ask the judge to include it in the final decree.
Do both parties have to live in Texas?
No. Only one spouse needs to meet the Texas residency requirements.
Questions about divorce in Texas? Contact the Law Office of Bryan Fagan
If you have any questions about the material that we have written about today, 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 here in our office. These consultations are an excellent opportunity to learn more about your circumstances and receive direct feedback in response to your questions.
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