Divorce Laws in Texas
Understanding Texas's specific divorce laws, court procedures, and requirements can help you navigate the process more effectively. Here's what you need to know about getting divorced in Texas.
Key Requirements
Basic Requirements
Residency Requirement:
6 months
6 months
Waiting Period:
60 days
60 days
Property Division:
Community Property
Community Property
Cost & Timeline
Average Cost:
$16,000
$16,000
Average Timeline:
6-12 months
6-12 months
Grounds for Divorce:
No-fault, Fault-based available
No-fault, Fault-based available
Court System
Which Courts Handle Divorce
District Court handles divorce cases
Property Division
Community Property
Texas is a community property state, which means:
- • Marital property is typically divided 50/50
- • Separate property (owned before marriage) remains with original owner
- • Debts acquired during marriage are shared equally
- • Property acquired during marriage is presumed community property
Child Custody
Custody Standards
Best interests of the child standard
Common factors courts consider:
- • Child's physical, emotional, and developmental needs
- • Each parent's ability to provide care
- • Child's relationship with each parent
- • Stability of each parent's home environment
- • Child's preference (if age-appropriate)
- • Any history of domestic violence or abuse
Important Texas Information
State-Specific Details
Community property state with fault-based options affecting division
Next Steps
- Consult with a family law attorney licensed in Texas
- Gather all necessary financial documents
- Understand your county's specific court procedures
- Consider mediation or collaborative divorce options
- Research local support groups and resources
- Plan for the emotional and financial aspects of divorce
Disclaimer: This information is general in nature and should not be considered legal advice. Divorce laws change frequently, and each situation is unique. Always consult with a qualified attorney licensed in Texas for advice specific to your circumstances.