Understanding Texas Divorce Laws

Posted May 15, 2025 by Juris Digital | Divorce

Divorce can feel overwhelming—especially when you are unsure how divorce law works. Texas divorce laws set the rules and processes to end a marriage, including how courts handle issues like property division, child custody, and financial support. If you are thinking about ending your marriage, learning about divorce laws in Texas can help you know what to expect every step of the way.

At Ramos Law Group, PLLC, we focus exclusively on family law. Our founding attorney, Mary E. Ramos, is a Board-Certified Family Law specialist with a proven track record of guiding clients through divorce with clarity, efficiency, and compassion. We value your privacy, time, and peace of mind—and we are here to protect all three.

Understanding Divorce 

Divorce is the process of legally ending a marriage. Although every situation is unique, most divorces involve making decisions about:

• Child custody,
• Child support,
• Property division, and
• Spousal maintenance. 

Divorces can be contested, meaning you and your spouse disagree on one or more of the important issues involved, or uncontested, meaning you and your spouse agree on all issues. In an uncontested divorce, you may work with your spouse to create an agreement and provide it to the court for finalization, simplifying the process.

Fault vs. No-Fault Divorce

Texas law allows for fault-based and no-fault divorce. In Texas law, a fault-based divorce involves one spouse trying to convince the judge that the marriage is ending because the other spouse:

• Committed adultery, 
• Treated them cruelly,
• Abandoned them,
• Was convicted of a felony and has been in prison for a year or longer, or 
• Is confined in a mental institution and has been for at least three years.

In a no-fault divorce, neither spouse places blame on the other for the marriage’s end. 

This is generally known as “insupportability” in Texas law.

The Divorce Process

The official divorce process typically involves the following steps:

• At least one spouse has lived in the State of Texas for six months and in the filing county for at least 90 days;
• A spouse files divorce paperwork, becoming the “petitioner”;
• The petitioner serves the other spouse, who becomes the “respondent,” by providing them with copies of several documents;
• The respondent may file documents indicating whether they agree or disagree with the petitioner’s requests;
• The court may hold a hearing to resolve issues that need to be addressed temporarily while the divorce is in progress, like child custody and living arrangements;
• Spouses exchange information, including making mandatory financial disclosures, and negotiate;
• Spouses may attend mediation, where a neutral third party tries to help them resolve outstanding issues; and
• If issues remain, the court holds a trial where the spouses offer evidence, often through testimony or by filing documents with the court;
• At the end of the process, the judge issues a final divorce decree establishing divorce terms, whether you arrive there by joint agreement or trial.

Texas law includes a 60-day waiting period from the date the divorce is filed before a court can finalize it. Unfortunately, there is no way to speed up the process, and contested divorces often take longer.  

Property Division in Texas

Even if you settle, Texas divorce laws should guide property division. Texas law requires courts to divide marital property in a way that is “just and right.” 

Community vs. Separate Property

Texas law uses the term community property to describe the assets you and your spouse obtain or earn while you are married and before you separate. Your community estate does not include separate property, which is that:

• Owned before the marriage,
• Received as a gift or inheritance, and 
• Clearly treated as separate by the spouses.

Debts generally work like assets. Those acquired during the marriage are community debts, which you divide when you divorce. Those acquired before the marriage or after separation are separate. 

Just and Right Division

To decide what division is just and right, judges consider factors like:

• Each spouse’s earning capacity and financial situation; 
• Parenting responsibilities and the value of the spouse the children live with retaining the family home; and 
• Contributions by either spouse to the home, marriage, other spouse’s education or career opportunities, or separate property of the other spouse.

Spouses must disclose all their assets early in the process. Failure to do so may result in the judge shifting property away from the spouse who failed to disclose and toward the other.

Child Custody and Visitation

The court’s goal when making custody decisions is to achieve an arrangement that reflects the best interests of the child. When considering the child’s best interests, judges weigh the child’s needs, the parent’s abilities, and the parent-child relationships. 

Unique among the states, Texas law uses the term “conservatorship” to describe child custody. Conservatorships fall into the following categories:

• Joint managing conservatorship (JMC). Parents share rights and duties for the child, though one may have the exclusive right to decide where the child lives.
• Sole managing conservatorship (SMC). One parent has more decision-making authority, usually due to serious issues with the other parent’s ability to provide safety and stability.
• Possessory Conservatorship. One parent has an SMC, and the other may have the right to “possess” (physically be with) the child at certain times.

What Texas calls “possession,” many other states call “visitation.” 

Child Support 

In Texas, the parent the child lives with less often usually pays child support while the child is a minor or still in high school. Texas’ child support guidelines establish how much the parent pays based on the number of children the parent supports by taking a percentage of their net monthly income. If supported children live in different households (such as half-siblings), the child has special expenses, or the parent cannot afford to pay through no fault of their own, courts may sometimes deviate from the guidelines. 

Spousal Maintenance (Alimony)

Spousal maintenance (alimony) is not common in Texas. A spouse can only qualify if one spouse was convicted of family or domestic violence within two years of filing for divorce or:

• One spouse cannot support themself due to a debilitating disability;
• The couple was married for 10 years or longer, and the requesting spouse cannot earn enough to support themself; or
• One spouse cares for a child the spouses share who requires substantial care, preventing that spouse from supporting themself.

Spousal maintenance is typically limited in amount and duration, lasting less than half the length of the marriage.

Let Ramos Law Group Guide You

Divorce is more than a legal formality—it affects your finances, family, and future. That is why working with a skilled, compassionate family law team matters. At Ramos Law Group, our team is ready to stand with you, ensure you understand what is happening, and keep you informed. Contact us today to take the first step forward.

Resources:

Texas Family Code § 6.001, link.

Texas Family Code § 6.002, link.

Texas Family Code § 6.003, link.

Texas Family Code § 6.004, link.

Texas Family Code § 6.005, link.

Texas Family Code § 6.007, link.

Texas Family Code § 6.702, link.

Texas Family Code § 7.001, link.

Texas Family Code § 8.051, link.

Texas Family Code § 153.002, link.

Texas Family Code § 153.005, link.

Texas Family Code § 153.006, link.

Texas Family Code § 154.001, link.

Attorney General of Texas, Monthly Child Support Calculator, https://csapps.oag.texas.gov/monthly-child-support-calculator.

Last Updated on May 15, 2025 by Mary E. Ramos