Posted by Ramos Law Group | 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.
What You Should Know About the Texas Divorce Process
Texas divorce laws follow a specific legal framework covering everything from residency to property division. Here is what typically matters most when you are going through a divorce in Texas.
- Texas allows both fault-based and no-fault divorce, but most cases are filed on no-fault grounds under what the law calls insupportability.
- Before you can file, at least one spouse must have lived in Texas for six months and in the filing county for 90 days, and every Texas divorce carries a mandatory 60-day waiting period before it can be finalized.
- Texas divorce laws require a “just and right” division of community property, while property owned before the marriage or received as a gift or inheritance generally stays separate.
- Child custody, called conservatorship in Texas, and child support are calculated separately from property division, so a case can involve several moving parts at once.
Understanding Divorce in Texas
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.
Understanding Texas Divorce Laws Doesn’t Have to Feel Overwhelming
Reading about grounds for divorce, property division, and custody standards can raise more questions than it answers. Our team can walk you through how Texas divorce laws actually apply to your situation and help you plan your next step with confidence.
Schedule Your ConsultationFault vs. No-Fault Divorce: What’s the Difference?
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.
What is the Divorce Process in TX?
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.
Overview of 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: What’s the Difference?
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.
Meet Your Texas Divorce Attorney
Mary E. Ramos: Guiding Clients Through Texas Divorce Laws
Mary E. Ramos
Founder & Managing Attorney, Ramos Law Group, PLLC
As a board-certified family law attorney with deep knowledge of Texas divorce laws, Mary brings a compassionate, results-driven approach to every case, built on a practice that is 100% focused on family law. She has been repeatedly recognized among the Best Divorce Lawyers in Houston by Expertise LLC and named to Houston’s Top Lawyers by H Texas Magazine, and she has served as a visiting judge in Harris County family courts. Whatever stage of the Texas divorce process you are facing, that means working with an attorney who understands both sides of the bench.
Bar Admissions & Credentials
- State Bar of Texas, 2004
- Board Certified in Family Law, Texas Board of Legal Specialization (2014)
- J.D., Texas Southern University, Thurgood Marshall School of Law
- B.S. in Management, summa cum laude, Park University
Overview: Child Custody and Visitation After a Divorce
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.”
You Don’t Have to Navigate the Texas Divorce Process Alone
Every divorce in Texas follows the same basic legal framework, but how it plays out depends on your specific circumstances. Let our family law team help you understand your rights and build a plan that protects what matters most to you and your family.
Schedule Your ConsultationChild Support After Divorce
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.
Texas Divorce Laws: Frequently Asked Questions
Texas allows both no-fault and fault-based divorce. Most cases are filed under the no-fault ground of insupportability, though fault grounds like adultery, cruelty, or abandonment are also available when applicable.
Every Texas divorce has a mandatory 60-day waiting period between filing and finalization. Uncontested cases can sometimes be finalized shortly after that period ends, while contested cases can take significantly longer.
At least one spouse must have lived in Texas for six months and in the county where the divorce is filed for at least 90 days before filing.
Texas requires a “just and right” division of community property, which generally includes assets and debts acquired during the marriage. Separate property, like assets owned before marriage or received as a gift or inheritance, is typically not divided.
Separate property generally includes anything owned before the marriage, along with gifts, inheritances, and certain personal injury recoveries received during the marriage. It is usually excluded from division.
Texas uses the term conservatorship instead of custody, with joint or sole managing conservatorship depending on the case. Courts decide these arrangements based on the best interests of the child.
Texas calculates child support as a percentage of the paying parent’s net monthly income, with the percentage generally increasing based on the number of children involved.
Spousal maintenance in Texas is limited to specific circumstances, such as a marriage lasting 10 or more years, a spouse’s disability, child care needs, or a family violence conviction. It is not automatically awarded.
An uncontested divorce means both spouses agree on all major issues, which can simplify and speed up the process. A contested divorce involves unresolved disputes that may require negotiation, mediation, or trial.
You can contact Ramos Law Group, PLLC to schedule a consultation. Bringing a summary of your situation, including any children, major assets, and your priorities, helps your attorney give you clearer guidance from the start.
Let Our Divorce Lawyers at Ramos Law Group Guide You Through The TX Divorce Process
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 August 18, 2026 by Mary E. Ramos
By submitting this form, I understand and agree that an attorney-client relationship with Ramos Law Group is ONLY established upon entering into a written fee agreement. I acknowledge that this submission is not a request for legal advice, and any information received in response will not constitute legal advice.
I also consent to receiving text messages from Ramos Law Group. I can text ‘STOP’ to opt out of text messages at any time. Please visit our SMS Terms of Service and Privacy Policy for more details.