Texas Divorce Laws

Texas uses a no-fault dissolution system. To open a case, one spouse files a Petition for Dissolution of Marriage in the district court of the county where either spouse resides. To file in Texas, one spouse must have been a domiciliary of Texas for at least six months and a resident of the county where the suit is filed for at least 90 days.^[1]

Texas also requires a 60-day waiting period after the Petition is filed before the court can grant a divorce. Limited exceptions apply where a court finds family violence.^[2]

A Texas divorce resolves four main issues. Some are reached by agreement, some require a contested hearing, and most cases land somewhere in between:

• Property and debt division under the community property framework.
• Conservatorship and possession of any children under the best-interest-of-the-child standard.
• Child support calculated under Texas guideline percentages tied to net resources.
• Spousal maintenance when one spouse meets the eligibility requirements set by statute.

What Texas Courts Consider in a Divorce

Texas judges decide divorce issues by applying state statutes that set specific standards. The standards differ depending on the issue in front of the court.

Property and debt division

Texas is a community property state. The court divides community property, meaning most assets either spouse acquired during the marriage, in a manner that is just and right. The result is often close to equal but does not have to be. Separate property, which includes assets owned before marriage, gifts, and most inheritances, is confirmed to the spouse who owns it and is not divided.^[3]

Conservatorship and possession

Texas uses the terms conservatorship and possession instead of custody. The court allocates the rights and duties of parents, decides who the child lives with primarily, and sets a possession schedule, all under the best-interest-of-the-child standard.^[4]

Child support

Texas uses guideline percentages tied to the obligor parent’s monthly net resources, starting at 20 percent for one child and stepping up with additional children before the court.^[5]

Spousal maintenance

Court-ordered spousal maintenance is available only when a spouse meets one of the statutory eligibility tests, including a marriage of at least ten years where the spouse seeking maintenance cannot meet minimum reasonable needs.^[6]

Types of Divorce in Texas

Texas offers several pathways to dissolve a marriage. The right one depends on how much the spouses agree on, how complex the assets are, and how the couple wants to handle conflict.

• Uncontested divorce. When both spouses agree on every issue (property, parenting, support), the case moves through the court on a streamlined track. This is the fastest and least expensive path, and most uncontested cases finalize close to the 60-day waiting period.
• Contested divorce. When spouses disagree on one or more issues, the case moves through discovery, motions, and potentially a trial. These cases take longer and require more preparation.
• Divorce mediation. Most Texas counties expect parties to attempt mediation before a contested trial. A neutral mediator works with both sides to reach agreement on disputed issues.
• Collaborative divorce. Both spouses and their attorneys agree in writing to resolve the case without going to court. Neutral financial and mental health professionals often participate.

Texas law sets a minimum 60-day waiting period from the date the Petition is filed before the court can grant the divorce. That is the floor, not a typical timeline.

In practice, an uncontested Texas divorce can finalize shortly after the 60-day mark when both spouses agree on every issue, finances are straightforward, and the paperwork is filed correctly. Contested cases routinely take six to twelve months. Complex high-asset or high-conflict cases can take longer.

Several factors drive the timeline:

• Whether children are involved. Cases with children require additional disclosures, often a parenting class, and frequent mediation.
• The complexity of the marital estate. Business interests, retirement accounts, real estate, and commingled separate property all require valuation and characterization work.
• How quickly each side produces financial disclosures. Delays in producing tax returns, retirement statements, and supporting documents delay everything else.
• County court schedules. Hearing availability varies by county.

Your Rights in a Texas Divorce

Texas law gives both spouses a defined set of rights during the divorce process. Knowing them protects you from being pressured into an agreement that does not reflect what you are entitled to.

• A just-and-right division of community property. Texas courts divide community assets and debts in a manner that is fair under the facts, considering each spouse’s circumstances.
• Full financial disclosure from your spouse. Both spouses must produce sworn inventories of assets, debts, and income. A spouse who hides assets can face sanctions and an unequal division as a result.
• Temporary orders while the case is pending. Either spouse can ask the court for temporary orders on possession of children, support, and use of the home.
• Legal representation at every stage. You do not have to face the process alone, and you do not have to communicate with your spouse directly if you do not want to.
• Protective orders in cases involving family violence. Texas courts can issue protective orders that restrict contact, address firearms, and assign temporary use of a residence.

Common Mistakes in Texas Divorce Cases

Some early decisions are difficult to undo. Knowing what tends to go wrong gives you a chance to avoid it.

Moving out of the family home without a plan

What feels right emotionally can affect how a court later views temporary possession of the home and the children. Talk through this decision with an attorney before acting on it.

Moving money or selling assets after the case is filed

Most Texas counties issue standing orders or temporary injunctions that restrict both spouses from selling, transferring, or unreasonably spending marital assets while the case is pending. Violating one can lead to sanctions and unfavorable inferences. Talk with your attorney before making any significant financial move.

Treating the parenting plan as paperwork

Texas courts expect a detailed parenting plan that addresses schedules, holidays, decision-making, transportation, and dispute resolution. Vague plans create future conflict and future court appearances.

Posting about the case on social media

Anything you post can become evidence. So can what your spouse posts. Texas family lawyers see this play out in court regularly.

Signing an agreement before fully understanding the financial picture

A property settlement is hard to undo once entered. Read it carefully. Ask questions. If anything is unclear, slow down.

How Michael Ireland & Associates Helps Texas Families With Divorce

Michael Ireland & Associates represents Texas clients in divorce cases from straightforward uncontested filings to high-asset and high-conflict litigation. The firm acts as a steady guide throughout the process. Clients get a clear view of where the case stands, what comes next, and what each decision means for the long-term picture.

Michael Ireland leads the firm as a Board-Certified Family Law Specialist. The team handles the full range of Texas divorce matters, including cases involving business valuation, complex compensation structures, military service, and contested parenting disputes. The firm brings the same disciplined approach to every case: clarity about what Texas law requires, honest answers about specific risks, and a clear path forward.

What working with the firm looks like:

• An initial consultation with an attorney so you can ask questions and understand your situation before deciding anything.
• A clear strategy and roadmap built around your goals and the specific facts of your case.
• Direct, candid communication. Honest assessments of risk and timing. No guarantees about specific results.
• Disciplined preparation. Careful documentation, organized financials, and a case file that holds up to scrutiny.

Schedule a Consultation

A divorce decree shapes your finances, your parenting arrangements, and your future for years after the case ends. The conversation about what your case will look like and what your options are is a separate conversation from the work of running the case itself. The Michael Ireland & Associates team explains how Texas law applies to your specific facts, what your options look like, and what a sound process for your situation would involve.

To start the conversation, contact us online.

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