Divorce Law in Texas
Are you facing a difficult separation in Texas ? Has your spouse already hired a lawyer?
Many couples cannot reach an agreement on their own, which often leads to mediation or a court proceeding to settle the details of the divorce.
Issues Involved in Texas Divorce Law
There are several major issues that must be addressed before a divorce can be finalized. These topics often involve sensitive emotions, especially when children or significant assets are involved.
Dividing Property
Dividing marital property is one of the most complicated parts of the process. In many states, including Texas , most property and assets acquired during the marriage are subject to division. This includes real estate, investment accounts, vehicles, and other joint purchases.
Some states divide everything evenly, while others apply equitable distribution. In an equitable division state, a judge reviews each spouse’s contributions to the marriage. The final outcome may not be a perfect 50/50 split of debt or assets.
Child Support
Both parents share financial responsibility for their children. Child support helps cover healthcare, school costs, food, clothing, and other daily needs.
In Texas, child support is calculated using a percentage of the non-custodial parent’s income. One child is set at 20%, two children at 25%, three at 30%, four at 35%, and five children at 40% or more.
The Office of the Texas Attorney General provides an online system to estimate monthly payments. Because these orders are court-mandated, unpaid support can lead to wage garnishment, tax refund interception, liens, and other legal penalties.
Alimony
Alimony, also called spousal support, depends on the individual circumstances of the marriage. Courts in Texas consider several factors before awarding support, such as:
- A spouse’s need and the other spouse’s ability to pay
- Age and health of each spouse
- Length of the marriage
- Income, earning potential, and education level
- Child-related responsibilities
- Assets owned by either spouse
Texas law recognizes two forms of alimony: spousal maintenance and contractual alimony. Spousal maintenance is ordered by a judge during litigation. Contractual alimony is agreed to between both spouses in a settlement.
Child Custody and Visitation
Custody decisions are often the most emotional part of the divorce for families. The court bases all decisions on what is in the best interest of the child.
Under the Texas Family Code, judges consider a child’s physical and emotional needs, financial support, school and social routines, medical concerns, and the ability of each parent to provide a stable environment. A child’s personal preference may be considered depending on age and maturity.
Generally, Texas courts award joint legal custody, giving both parents the right to participate in medical, educational, and religious decisions. Legal custody does not determine where the child lives. Even with sole custody, a parent can still be granted visitation.
The Process of Going Through Divorce Law in Texas
If you are considering divorce, understanding the legal process can help protect your rights and prepare you for each step.
Step 1: File the Divorce Law Petition
Divorce begins when one spouse files a legal petition. The petition must list the grounds for divorce, confirm residency, and include any other required information.
Texas allows both fault and no-fault divorces. You may cite reasons like adultery or abuse, or simply list irreconcilable differences.
Step 2: Request Temporary Orders
Since divorce can take months, spouses may request temporary orders for custody, support, or property protection. Filing early helps ensure access to financial resources and stability during the case.
Step 3: Serve Your Spouse and Wait for Their Response
The filing spouse must formally serve the other spouse with legal documents. If they agree to accept service, they sign an affidavit. If not, a sheriff or process server delivers the paperwork and files a proof of service with the court.
Step 4: Try To Come to an Agreement
A divorce is easiest when both spouses agree on all issues. This is called an uncontested divorce. Couples may negotiate privately or use mediation. Reaching an agreement saves money and reduces conflict.
Step 5: Go To Court
If no agreement is reached, the case proceeds before a Texas judge. While a judge will make final decisions, both spouses lose control over the outcome. District courts handle most Texas divorce hearings, though some matters are heard in Circuit Courts. If your case is in the Travis County District Court, you may want a lawyer representing you.
Step 6: Receive the Judgment of Divorce
When the case ends, the judge issues a final judgment dissolving the marriage. This court order establishes property division, custody, child support, and all other remaining issues.
Work With an Experienced Texas Divorce Law Attorney
If you are going through a divorce and are unable to reach an agreement with your partner, you should hire an experienced Texas divorce law attorney. A lawyer will fight for you and make sure you get what is yours. We can even help you connect with an attorney across Texas state lines.
Submit a request online or call us today at (866) 345-6784 to get in touch with an experienced lawyer in your area!
About the Author
Aaron is a professional legal writer with a B.S. in English Education from Southern Illinois University – Carbondale. He has written, published, and edited thousands of legal articles for RequestLegalHelp, which has connected over 5 million people to legal help in the United States.
With over five years of experience writing thousands of legal articles for law firms across the U.S. and Canada, Aaron specializes in covering federal, state, and city-level legal issues ranging from auto accidents to wrongful terminations.
There are still more areas of Texas law that could be applicable to your case! Explore more of our content below:
