UNDERSTANDING
DIVORCE IN TEXAS

Divorce is the legal dissolution of a valid marriage. In Texas, a marriage is presumed valid unless there is fraud, mistake, or illegality involved in its formation. The state recognizes two ways a marriage can end: death or divorce. While annulments exist as a third option, they apply only when a marriage should never have been formed in the first place — such as in cases of bigamy or when a legal impediment was concealed.

Texas does not recognize legal separation. If you and your spouse are living apart, any property either of you acquires during that time remains community property until a divorce is finalized. This makes it especially important to understand your rights and obligations from the moment you begin considering divorce.

No-Fault Divorce: Insupportability

The vast majority of Texas divorces are filed on the ground of insupportability, governed by Texas Family Code § 6.001. Insupportability means the marriage has become incompatible due to conflict or discord to a degree that reconciliation is not reasonably expected. You may hear other states call this "irreconcilable differences." No proof of wrongdoing is required, and either spouse can file on this ground.

Fault-Based Grounds for Divorce in Texas

Texas recognizes six fault-based grounds for divorce. Proving fault can lead to a disproportionate share of the community estate for the non-offending spouse. Those grounds are:

• Cruelty (FC § 6.002): Treatment that makes living together insufferable.
• Adultery (FC § 6.003): A spouse's extramarital affair.
• Felony conviction (FC § 6.004): The other spouse was convicted of a felony, imprisoned for at least one year, and has not been pardoned.
• Abandonment (FC § 6.005): The other spouse left voluntarily with no intent to return for at least one year.
• Living apart (FC § 6.006): The spouses have not cohabitated for at least three years.
• Confinement in a mental hospital (FC § 6.007): The other spouse has been confined in a mental health facility for at least three years.

Texas is a community property state. Under FC § 3.002, all property acquired by either spouse during marriage is presumed community property, owned equally by both. However, Texas courts do not automatically divide the marital estate 50/50. The court divides community property in a manner that is "just and right" — equitable, not necessarily equal.

Separate property — assets owned before marriage, or received as a gift or inheritance during marriage — is not subject to division. Proving property is separate requires overcoming the community presumption by clear and convincing evidence, often requiring forensic accounting.

Fault in the breakup may affect division. A spouse who committed adultery may receive less than half. Other factors include earning capacity, children's needs, and each party's health and age.

Learn more about property division in Texas divorce.

Texas uses "conservatorship" rather than custody. Conservatorship is the legal right to make decisions about a child's life. The court's primary consideration is the best interest of the child under FC § 153.002.

Texas law presumes joint managing conservatorship is in a child's best interest under FC § 153.131. A parent seeking to overcome this must present evidence showing joint conservatorship would not serve the child's best interest.

Joint managing conservatorship does not mean equal time. One parent is typically named primary conservator with the right to designate the child's primary residence. The other parent receives a possession schedule, often following the Standard Possession Order.

Courts consider which parent has historically provided care, the child's emotional and physical needs, home stability, any history of abuse, and for older children, the child's own preferences.

Learn more about child custody in Texas.

Child support is calculated based on the paying parent's net monthly income and the number of children. Texas guidelines set standard percentages:

Number of Children	Percentage of Net Monthly Income
1 child	20%
2 children	25%
3 children	30%
4 children	35%
5 or more children	40%

Child support generally continues until the child turns 18 or graduates from high school, whichever occurs later. It can end earlier if the child marries, enlists in the military, is emancipated, or dies.

Learn more about child support in Texas.

Texas does not award alimony automatically. Spousal maintenance is only available in limited circumstances under FC § 8.051. To qualify, a spouse must show:

• The marriage lasted more than ten years and the requesting spouse lacks sufficient property or earning capacity to meet minimum reasonable needs.
• The other spouse was convicted of or received deferred adjudication for a family violence offense.
• The requesting spouse has an incapacitating physical or mental disability.
• The requesting spouse is the primary caretaker of a child who requires substantial care due to disability.

Texas caps maintenance at the lesser of $5,000 per month or 20% of the paying spouse's average gross monthly income. Duration is capped based on marriage length — generally no more than five years for marriages under 20 years, seven years for 20-30 year marriages, and ten years for marriages over 30 years.

Learn more about spousal maintenance in Texas.

Uncontested Divorce

An uncontested divorce occurs when both spouses agree on all issues — property, debt, custody, support, and maintenance. These cases move faster and cost significantly less than contested divorces.

Contested Divorce

When spouses disagree on one or more issues, the case is contested. A judge or jury decides what they cannot agree upon. Contested divorces take longer, cost more, and require attorneys with genuine trial experience.

Collaborative Divorce

Collaborative divorce is a structured process where both spouses and attorneys commit in writing to resolving all issues without litigation. Financial specialists and mental health professionals may assist. Learn more about collaborative divorce.

High Net Worth Divorce

When a marital estate includes businesses, investment portfolios, real estate, or complex assets, high net worth divorce cases often require forensic accountants, business valuators, and real estate appraisers. Learn about high net worth divorce.

Does Texas require a reason to get divorced?

No. Texas allows no-fault divorce on the ground of insupportability. You do not need to prove your spouse did anything wrong.

How long does a divorce take in Texas?

The minimum time is 60 days from filing. Uncontested divorces often take three to six months. Contested divorces can take one to three years or longer.

Can a divorce be granted if one spouse refuses?

Yes. If one spouse wants a divorce and meets residency requirements, the court will grant it even if the other spouse objects.

Does it matter who files for divorce first in Texas?

In most cases, no. Filing first provides no decisive legal advantage, though it can help preserve assets if there's concern about dissipation.

Is property automatically split 50/50 in a Texas divorce?

No. Texas courts divide community property in a "just and right" manner, considering factors like fault, earning capacity, children's needs, and each spouse's health and financial situation.

Does Texas recognize legal separation?

No. Texas does not have legal separation. You are either married or divorced. Property acquired while living apart remains community property until divorce is final.