Divorce Law in Texas

In Texas, divorce is governed by the Family Code, offering both fault and no-fault grounds. The most commonly used ground is "insupportability," a no-fault option meaning the marriage has become insupportable due to conflict or discord.

Residency requirements mandate that one spouse must have lived in Texas for at least six months and in the filing county for at least 90 days. After filing, there is a mandatory 60-day waiting period before the court can finalize the divorce, which the court may waive in cases of family violence.

As a community property state, Texas generally splits marital property equally. The court strives for a "just and right" division, often 50/50, but may adjust based on factors like each spouse's earning capacity, health, and contributions to the marriage.

Child custody (called "conservatorship") is determined by the child's best interests. Standard possession schedules exist, but parents can agree to modifications. Child support is calculated by statutory guidelines based on the non-custodial parent's income and number of children.

Spousal maintenance ("alimony") is awarded only in limited circumstances, such as when a spouse lacks sufficient property to support themselves and meets criteria like disability, family violence, or marriage of 10 years or more. Maintenance awards are capped in duration and amount by statutory formulas.