Texas Divorce

To begin a divorce proceeding in Texas, the filing party must have lived in the state for at least six months and in the county in which the suit is filed for 90 days. A party living outside of Texas can file for divorce in Texas if his or her spouse has lived in Texas for at least six months.

Grounds for Divorce

Texas allows for both no-fault and fault divorces. In a no-fault divorce in Texas, neither party has to prove wrongdoing and must only allege that the marriage "has become insupportable because of discord or conflict of personalities." Grounds for fault divorce in Texas include:

1. Cruelty
2. Adultery
3. Conviction of a felony and imprisonment for at least one year
4. Abandonment for at least one year
5. Living apart for at least three years
6. Insanity and confinement to a state mental hospital

Property Division and Spousal Maintenance

Texas is a community property state, meaning that all property not classified as "separate" is community property. Separate property includes property acquired before the marriage, acquired during the marriage by gift or inheritance to strictly one spouse, or recovered in personal injury lawsuits (except for recovery for lost earning capacity).

Under certain conditions, the court will order spousal maintenance (commonly known as alimony) to be paid from one spouse to the other. The length and amount of support awarded depends on several factors, including the length of the marriage and each spouse's financial situation and earning capacity.

Child Custody and Support

Texas law requires that the court make custody decisions based on what is in the best interests of the child, while encouraging courts to make arrangements that allow the child frequent contact with both parents. Texas divides custody rights into managing conservator and possessory conservator. A managing conservator contributes to decisions regarding the child's upbringing, including medical care and education, while a possessory conservator is the person with whom the child lives. Both managing and possessory conservatorships can be awarded to only one parent (sole) or to both parents (joint). Generally, a parent not awarded possessory custody is granted visitation rights.

In Texas, child support is calculated based on a percentage of the non-custodial parent's net resources, depending on how many children the couple has.

Texas Divorce Additional Resources

Texas Courts Online for information about the courts in your area

The Texas Attorney General Child Support Division for information about collecting child support payments

What to expect in Family Law Court in Texas - from the Texas Bar