Posted by Mary E. Ramos | Divorce
The word “divorce” changes everything, leaving you with a thousand questions: What happens to the house? How will we handle custody? Will I be financially secure? Navigating this complex legal maze alone is overwhelming. At Ramos Law Group, we understand you are closing one chapter of your life and figuring out how to write the next. A Houston divorce attorney can provide clear guidance and strong advocacy to help you move forward, protecting your rights, family, and future.
What Are the Residency Requirements for a Texas Divorce?
To file for divorce in Texas, you or your spouse must meet specific residency requirements. This requirement ensures that the court has the proper authority, known as jurisdiction, to grant the divorce. The Texas Family Code states that at least one spouse must have lived in Texas continuously for six months. Additionally, one of you must have lived in the specific county where you file for divorce for at least 90 days. Failing to meet these requirements can result in dismissal, so it is crucial to confirm your eligibility before filing.
What Are the Grounds for Divorce in Texas?
Texas allows for both no-fault and fault-based divorces. Understanding the difference is crucial because it affects your divorce petition and can influence outcomes, such as property division and child custody arrangements.
Can I File for a No-Fault Divorce?
Yes. The most common grounds for divorce in Texas are insupportability, the legal term for a no-fault divorce. Insupportability means the marriage has become unbearable due to discord or personality conflicts that undermine its legitimate purposes and make reconciliation unlikely. You do not need to prove that either spouse did anything wrong; you only need to state that the marriage is beyond repair. Claiming no-fault is often the most straightforward and amicable route.
Can I File for a Fault-Based Divorce?
Yes. In certain situations, claiming fault can be a strategic choice. A Houston family law attorney can help you decide if this approach suits your case. The grounds for a fault-based divorce include:
- Cruelty—the conduct of one spouse makes living together insupportable;
- Adultery—your spouse has cheated on you;
- Felony conviction—your spouse has been convicted of a felony and imprisoned for at least one year;
- Abandonment—your spouse left with the intention of abandoning you and remained away for at least one year;
- Living apart—you and your spouse have lived separately without cohabitation for at least three years; and
- Confinement in a mental hospital—your spouse has been in a mental hospital for at least three years.
Proving fault can sometimes shift the division of marital property in support of the innocent spouse.
How Do I Start the Divorce Process in Texas?
After confirming your eligibility, filing an Original Petition for Divorce with the appropriate court is the first step. This document tells the court and your spouse that you are seeking a divorce. A Houston divorce attorney can help you prepare and file this vital document. After filing, you must formally notify your spouse through a process called service, giving them a chance to respond.
How Is Property Divided in a Houston Divorce?
Texas is a community property state. In a community property state, most assets and debts acquired by either spouse during the marriage are jointly owned by both. Separate property, on the other hand, remains the sole property of one spouse because it was owned by one spouse before marriage or received as a gift or inheritance. The court divides the community estate in a “just and right” manner, which is not always a 50/50 split. To achieve an equitable division, a judge considers factors such as spousal fault, income disparities, and the children’s needs. A Houston divorce lawyer can advocate for a fair division that protects your financial future.
What Should I Expect Regarding Child Custody and Support?
For cases involving children, the court prioritizes their best interests. Texas law presumes parents should be named “joint managing conservators,” sharing the rights and duties of raising their children, though this does not guarantee a 50/50 possession schedule. The court establishes a possession order (visitation) and orders child support in accordance with state guidelines. A skilled Houston divorce attorney can help you create a parenting plan that suits your family and meets your children’s needs.
How Long Does It Take to Finalize a Divorce?
Texas has a mandatory 60-day waiting period before a judge can sign the Final Decree of Divorce. However, the total timeline depends on the case’s complexity and the level of agreement between the spouses. An uncontested divorce, where both parties agree on all issues, can be finalized fairly quickly. In contrast, contested cases involving disagreements over property or children may take months or longer to resolve through negotiation, mediation, or trial.
Why Choose Ramos Law Group?
Navigating the complexities of a divorce requires legal expertise and a deep understanding of the emotional and financial stakes involved. At Ramos Law Group, we offer a level of dedication that sets us apart from others. Our founding attorney, Mary Ramos, is Board Certified in Family Law by the Texas Board of Legal Specialization, a distinction few Texas attorneys achieve.
The firm’s commitment to excellence is also recognized by peers and clients, earning recognition by Super Lawyers and a “Superb” 10.0 rating from Avvo. These honors demonstrate a proven record of extensive, tested knowledge in family law. We fight aggressively to protect what matters most to our clients, providing the exceptional representation and strong advocacy you need in your corner.
Are You Ready to Take the Next Step?
The choices you make during your divorce will influence your future. The legal team at Ramos Law Group provides the guidance and support you need to move forward with confidence. Contact us today to learn how we can help you protect your family and secure your future.
Resources
Property Division, Tex. Fam. Code § 7.001, link.
Parent Appointed as Sole or Joint Managing Conservator, Tex. Fam. Code § 153.131, link.
Finalizing the Divorce, Texas Guides, Texas State Law Library, link.
Last Updated on November 6, 2025 by Mary E. Ramos
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