"Mr. Enos was a really great divorce attorney. David worked really had for me and my boys.  He constantly stayed in contact and worked many weekends with me to prepare for trial." James B.

"David is a great attorney. He wouldn't let me settle for less than what I deserved and got me a fair settlement in my divorce." Lisa M.

Divorce in Texas can be legally complex and emotionally overwhelming. Understanding Texas divorce laws, timelines, and your rights can help you make informed decisions and protect your future. Whether your divorce is uncontested or contested, having accurate information is the first step.

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An experienced Amarillo divorce attorney can guide you through the process and help protect your rights under Texas law.

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Texas Divorce Laws Explained

Texas law governs all divorces filed in the state. Texas allows both no-fault and fault-based divorce and follows community property rules when dividing marital assets.

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To file for divorce in Texas, at least one spouse must:

Have lived in Texas for six months, and have lived in the county of filing for 90 days

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Grounds for Divorce in Texas

Texas recognizes the following grounds for divorce:

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No-Fault Divorce

Insupportability: The marriage cannot continue due to conflict or discord with no reasonable expectation of reconciliation.

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Fault-Based Divorce

Gounds for fault-based divorce are:

• Adultery

• Cruelty

• Abandonment

• Felony conviction

• Living apart

• Confinement in a mental hospital

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Fault can impact property division and spousal maintenance in some cases.

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How Long Does a Divorce Take in Texas?

Texas law requires a mandatory 60-day waiting period from the date the divorce petition is filed. Some divorces finalize shortly after this period, while contested divorces involving children, property disputes, or trials may take longer.

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Community Property in Texas Divorce

Texas is a community property state. This means most property acquired during the marriage is presumed to belong to both spouses.

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Community property may include:

• Income earned during marriage

• Homes and real estate

• Retirement accounts

• Vehicles

• Business interests

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Courts divide property in a manner that is just and right, which is not always an equal 50/50 split.

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Separate Property in Texas

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Separate property generally includes:

• Property owned before marriage

• Gifts or inheritances received by one spouse

• Certain personal injury settlements

• Separate property is not divided in divorce if properly traced and proven.

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Uncontested vs. Contested Divorce in Texas

Uncontested Divorce

Both spouses agree on all issues, including property division, custody, and support. These cases are typically faster and less expensive.

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Contested Divorce

Disagreements require negotiation, mediation, or court involvement. Contested divorces may take longer and involve hearings or trial.

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Do I Need a Texas Divorce Attorney?

You are not legally required to hire a lawyer, but Texas divorce law can be difficult to navigate. A Texas divorce attorney can help:

• Protect your property rights

• Advocate for child custody and support

• Handle court filings and deadlines

• Negotiate settlements or represent you in court

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Filing for Divorce in Texas

The divorce process typically includes:

• Filing an Original Petition for Divorce

• Serving the other spouse

• Completing the 60-day waiting period

• Negotiation or mediation

• Final divorce hearing

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Texas Divorce and Your Future

Divorce impacts your finances, family, and long-term stability. Understanding your rights under Texas law can help you move forward with confidence and clarity.

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If you are considering divorce in Texas, speaking with an experienced Texas divorce attorney can help you understand your options and protect your interests.

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Contact us today to schedule a confidential consultation.