Your Essential Guide to Divorce in Texas: What You Need to Know

Divorce is a challenging journey, and each state has its own rules. This page focuses on Texas, offering key information to guide you through the process. For more detailed resources and links, keep reading.

Divorce Laws in Texas

In Texas, you can file for divorce without blaming your partner (no-fault) or for reasons like adultery or cruelty (fault-based). To file here, one spouse must have lived in Texas for at least six months.

Unlike some states, Texas doesn’t have a mandatory waiting period, but there’s a 60-day waiting period after filing before the divorce can be finalized. This makes Texas unique, as some states have longer waiting periods.

Process of Filing for Divorce

To start a divorce in Texas, you file a “Petition for Divorce” in the county where you or your spouse lives. You then serve these papers to your spouse. Texas has specific forms for this (see below).

If you and your spouse agree on divorce terms, you can file an uncontested divorce, which is simpler. For contested divorces, where you don’t agree, the process involves more steps, like court hearings.

Child Custody and Support

Texas courts focus on what’s best for the child when deciding custody. They consider factors like the child’s needs, each parent’s situation, and sometimes the child’s wishes. For support, Texas uses guidelines based on the non-custodial parent’s income and the number of children. The state has its own formula for this, which might differ from other states.

Alimony/Spousal Support

In Texas, courts may award alimony based on factors like each spouse’s financial resources, the marriage length, and each person’s ability to earn. Alimony isn’t automatic and is more common in longer marriages or when one spouse has limited earning potential.

Property Division

Texas is a community property state. This means the court divides marital property (what you got during marriage) equally unless there’s a good reason not to. Separate property (what you had before marriage or received as a gift or inheritance) usually stays with the person who owns it.

Texas Divorce Resources

To learn more about divorce in Texas, explore these resources: Texas Family Law Courts, official government websites, and legal aid organizations. They offer detailed information to help you navigate your divorce.

Article: How Much Does Divorce Cost in Texas

Texas Divorce Forms

Required:

• Original Petition for Divorce: https://texaslawhelp.org/sites/default/files/fm-divb-100_div_w_kids_petition_english_petitioner_v2020-01.pdf

Optional:

• Information on Suit Affecting the Family Relationship: https://texaslawhelp.org/sites/default/files/fm-divb-100_div_w_kids_petition_english_petitioner_v2020-01.pdf
• Waiver of Service: https://texaslawhelp.org/form/waiver-of-service-only-specific-waiver-divorce-set-b
• Affidavit of Inability to Afford Payment of Court Costs: https://affidavit-indigency-form.pdffiller.com/
• Agreed Order on Temporary Orders: https://guides.sll.texas.gov/child-custody-and-support/temporary-orders
• Motion for Temporary Orders: https://guides.sll.texas.gov/child-custody-and-support/temporary-orders
• Affidavit of Military Service: https://texaslawhelp.org/sites/default/files/military_status_affidavit_1.pdf
• Final Decree of Divorce: https://texaslawhelp.org/form/final-decree-of-divorce-divorce-set-b
• Agreed Final Decree of Divorce: https://texaslawhelp.org/form/final-decree-of-divorce-divorce-set-b
• Motion for Entry of Default Judgment: https://texaslawhelp.org/article/how-to-set-aside-a-default-judgment
• Request for Hearing: https://texaslawhelp.org/form/motion-continuance-and-notice-hearing
• Statement of Assets and Liabilities: https://statutes.capitol.texas.gov/Docs/ES/htm/ES.404.htm
• Child Support Worksheet: https://csapps.oag.texas.gov/monthly-child-support-calculator
• Proof of Service: https://www.sos.state.tx.us/corp/service-of-process.shtml

Additional Resources:

• Texas State Law Library – Divorce Forms: https://guides.sll.texas.gov/divorce/legal-forms
• Texas Law Help – Filing for Divorce: https://texaslawhelp.org/family-divorce-children/divorce

Disclaimer

This overview provides general guidance, not legal advice. For specific advice, consult a legal professional.