Divorce in Texas: What to Know Before You File

Those are the right questions. This guide answers them in plain English, with references to the Texas Family Code so you can see where the rules come from. It is general information, not legal advice for your situation, but it should help you walk into your first conversation with an attorney feeling more prepared and less afraid.

Who Can File for Divorce in Texas?

Before a Texas court can hear your divorce, one spouse must meet two residency requirements under Texas Family Code § 6.301:

1. That spouse has been a domiciliary of Texas for the preceding six months.
2. That spouse has lived in the county where the case is filed for the preceding 90 days.

Only one spouse needs to qualify. If you just moved to Hurst from out of state but your spouse has lived in Tarrant County for years, the case can usually be filed here.

Texas also lets you choose the legal reason, or “ground,” for the divorce. Most cases are filed on insupportability, which is the Texas version of no-fault divorce (§ 6.001). It means the marriage has broken down because of conflict that prevents any reasonable expectation of reconciliation. You do not have to prove anyone did anything wrong.

Fault grounds still exist, including cruelty, adultery, abandonment, and felony conviction (§§ 6.002–6.007). Pleading fault is a strategic decision, not a default. In some cases it can affect how a judge divides property, but it also tends to raise the temperature of the case, so I weigh it carefully with each client.

How Does a Texas Divorce Move Through the Courts?

Every divorce is different, but most follow the same basic path:

1. Filing the petition. One spouse files an Original Petition for Divorce in the district court of the proper county.
2. Notice to the other spouse. The other spouse is formally served or signs a waiver of service.
3. Temporary orders, if needed. While the case is pending, the court can set temporary rules for who stays in the home, who pays which bills, and the children’s schedule.
4. Discovery. Both sides exchange financial records and other information.
5. Mediation or settlement talks. Courts can refer a divorce to mediation (§ 6.602), and many cases resolve there.
6. Final decree. The judge signs a decree, either approving your agreement or ruling after trial.

Texas law also sets a minimum timeline. Under § 6.702, a court generally cannot grant a divorce until the 60th day after the petition is filed. The law makes exceptions in certain family violence situations, such as when the other spouse has been convicted of or received deferred adjudication for family violence against you or your household, or when you have an active protective order or magistrate’s order for emergency protection against your spouse because of family violence during the marriage.

Sixty days is a floor, not a forecast. An uncontested divorce, where spouses agree on every issue, can finish shortly after the waiting period ends. A contested divorce, where you disagree on property, children, or support, often takes many months longer.

How Is Property Divided in a Texas Divorce?

Texas is a community property state. In plain English, most of what either spouse acquires during the marriage belongs to the marital estate, no matter whose name is on the paycheck or the account. Under § 3.003, property possessed by either spouse during or on dissolution of the marriage is presumed to be community property. A spouse who claims something is separate property must prove it by clear and convincing evidence.

Separate property generally includes what you owned before marriage and gifts or inheritances you received individually during it (§ 3.001). Tracing those assets years later is often where cases get complicated, especially when separate and community funds have been mixed in the same account.

When it comes time to divide the community estate, § 7.001 directs the court to make a division it considers “just and right.” That is not automatically 50/50. Judges can weigh factors such as each spouse’s earning capacity, health, and fault in the breakup.

The division covers more than the house and bank accounts. Retirement plans, business interests, stock options, vehicles, and debts all belong in the conversation. Dividing a 401(k) or pension often requires a separate court order called a Qualified Domestic Relations Order, or QDRO, and mistakes there can be costly to fix later.

What Happens to the Children?

For parents, this is usually the question that keeps them up at night. Texas law answers it with one guiding standard: the best interest of the child is the court’s primary consideration (§ 153.002).

Texas rarely uses the word “custody.” Instead, the Family Code divides parenting into two ideas:

• Conservatorship covers the rights and duties to make decisions for your child, such as education, medical care, and where the child primarily lives. Texas presumes that naming both parents joint managing conservators is in the child’s best interest (§ 153.131), but a finding of a history of family violence between the parents removes that presumption. Joint managing conservatorship also does not automatically mean equal parenting time (§ 153.135).
• Possession and access is the parenting schedule, meaning when the child is with each parent. Many families use the Standard Possession Order in Chapter 153, but parents can agree to a schedule that better fits their lives.

Child support is calculated under Chapter 154. When the paying parent has no other children to support, the guidelines apply a percentage to monthly net resources: 20% for one child, 25% for two, 30% for three, 35% for four, and 40% for five (§ 154.125). Lower percentages apply when net resources are under $1,000 a month. Effective September 1, 2025, the guidelines apply to the first $11,700 of monthly net resources, up from $9,200. Courts can depart from the guidelines when the evidence supports it, and health insurance for the child is addressed separately.

Will Anyone Receive Spousal Support?

Texas is more limited than many states when it comes to court-ordered spousal maintenance, often called alimony elsewhere. Under Chapter 8, the spouse asking for maintenance must show they will lack enough property, including separate property, to meet their minimum reasonable needs. They must also meet one of the conditions in § 8.051: a marriage of 10 years or longer plus a lack of ability to earn sufficient income; the other spouse’s conviction or deferred adjudication for family violence committed within two years before filing or while the case is pending; their own incapacitating disability; or caring for a child of the marriage whose disability keeps them from earning enough. In the 10-year situation, Texas presumes maintenance is not warranted unless the requesting spouse has made diligent efforts to earn income or build job skills (§ 8.053).

Even when maintenance is awarded, the law caps it. A court may not order more than the lesser of $5,000 per month or 20% of the paying spouse’s average monthly gross income (§ 8.055). Duration is limited too (§ 8.054): up to five years for marriages of 10 to 20 years or shorter marriages that qualify through family violence, seven years for 20 to 30 years, and ten years for 30 years or more. Courts must still choose the shortest reasonable period, though maintenance based on a spouse’s or child’s disability can continue as long as that condition does.

Spouses can also agree to contractual alimony as part of a settlement. Those agreements are not limited by the statutory caps, although they are enforced differently than court-ordered maintenance. That flexibility is one more reason negotiation can produce better-fitting solutions than a courtroom.

Do You Have to Go to Court?

Not necessarily. I tell clients that a negotiated agreement almost always gives them more control than a ruling from a judge who has only a few hours to learn about their family. Texas offers several paths to get there:

• Informal negotiation between attorneys, which works well when spouses can still communicate.
• Mediation, where a neutral mediator helps both sides reach terms. A properly executed mediated settlement agreement is binding under § 6.602.
• Collaborative divorce, where both spouses and their attorneys commit in writing to resolve the case without going to court (Chapter 15).

Starting from a scorched-earth posture rarely helps anyone, especially children. But settlement-first does not mean settlement at any cost. When the other side hides assets, refuses to negotiate in good faith, or puts a child at risk, you need an attorney who is prepared to try the case. The best settlements tend to come from lawyers the other side knows are ready for trial.

Local courtroom insight matters here too. Each Tarrant County family court has its own procedures and expectations. That is one reason Cutrer Law Group limits its practice to Tarrant County and surrounding areas: knowing the local courts helps us set realistic goals from the first meeting.

What Should You Do Before You File?

A little preparation can save you time, money, and stress later. Before your first consultation, consider these steps:

• Gather recent tax returns, pay stubs, and bank, retirement, and credit card statements.
• Make a list of assets and debts, noting anything you believe is separate property.
• Write down your children’s current routines, school details, and activities.
• Change passwords on your personal email and devices.
• Avoid posting about your spouse or the case on social media.
• Do not move large sums of money or hide assets; courts take this seriously.
• If you feel unsafe, contact law enforcement or a family violence hotline first.

You do not have to have everything organized before you call an attorney. A good lawyer will help you figure out what matters most for your situation.

Moving Forward With Clarity

Divorce changes your life, but it does not have to take control of it. When you understand the rules that govern your case, you can make decisions from a place of clarity instead of fear. That is the first step toward protecting your assets, your children, and your peace of mind, and toward preparing a better future.

If you are facing a divorce, talk with a family law attorney who knows Texas law and the courts where your case will be heard. The earlier you get guidance, the more options you usually have.