Divorce Frequently Asked Questions

What are the grounds for divorce in Texas?

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Texas allows both no-fault and fault-based divorce.

No-fault divorce: Insupportability (the marriage can no longer continue due to conflict or disagreement).

Fault-based grounds: Adultery, cruelty, abandonment, felony conviction, living apart, or confinement in a mental hospital.

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Is Texas a community property state?

Yes. Texas is a community property state, meaning most property acquired during the marriage is considered jointly owned and is divided in a “just and right” manner during divorce.

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How is property divided in a Texas divorce?

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Texas courts divide community property in a way that is fair and equitable, which is not always a 50/50 split. Separate property generally belongs to the spouse who owned it before marriage or received it as a gift or inheritance.

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What is considered separate property in Texas?

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Separate property includes:

Property owned before marriage

Gifts or inheritances received during marriage

Personal injury settlements (excluding lost wages)

Separate property is not divided in divorce if properly proven.

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Do I need a lawyer to get divorced in Texas?

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You are not legally required to have a lawyer, but divorce laws in Texas can be complex. An experienced Texas divorce attorney can help protect your rights, property, and parental interests.

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Can we get divorced without going to court?

Many Texas divorces are resolved through uncontested divorce, mediation, or settlement agreements. A brief court appearance may still be required to finalize the divorce.

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What is an uncontested divorce in Texas?

An uncontested divorce occurs when both spouses agree on all issues, including property division, child custody, child support, and spousal support.

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How does child custody work in Texas?

Texas uses the term conservatorship instead of custody. Courts focus on the best interest of the child when determining parental rights and possession schedules.

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What is joint managing conservatorship?

Joint managing conservatorship means both parents share decision-making rights for the child, though one parent may still have primary residence rights.

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How is child support calculated in Texas?

Texas child support is calculated using a percentage of the paying parent’s net income:

20% for one child

25% for two children

30% for three children

Additional factors may affect the final amount.

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Can child custody or support be modified?

Yes. Child custody and child support orders can be modified if there is a material and substantial change in circumstances affecting the child or either parent.

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Does Texas award spousal support?

Texas allows spousal maintenance in limited situations, such as long-term marriages or cases involving disability or family violence. It is not automatic and must meet strict requirements.

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What is the difference between spousal maintenance and alimony?

Texas law recognizes spousal maintenance, which is court-ordered. Informal or contractual alimony may also be agreed upon by spouses but is not required by law.

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Will adultery affect my divorce in Texas?

Adultery can impact property division and spousal maintenance decisions, but it does not automatically affect child custody unless it impacts the child’s well-being.

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Can I file for divorce if my spouse does not agree?

Yes. Texas does not require both spouses to agree. One spouse can file for divorce even if the other contests it.

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What happens if my spouse does not respond to the divorce petition?

If your spouse fails to respond, the court may grant a default divorce after proper notice and waiting periods are met.

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How much does a divorce cost in Texas?

Divorce costs vary based on complexity, court fees, and attorney involvement. Uncontested divorces are generally less expensive than contested cases.

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What is the first step to filing for divorce in Texas?

The first step is to file an Original Petition for Divorce with the appropriate Texas court and consult with a divorce attorney to understand your rights and options.

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Need help with a Texas divorce?
Contact us today for a confidential consultation with an experienced Texas divorce attorney.​​​