Texas Divorce Laws

Divorce Requirements for Texas Residents

Filing for divorce in Texas requires parties to satisfy the residency requirements first.

1. Either of the spouses must be a resident of the Lone Star State for six months.
2. Either spouse must be a resident of the county where the divorce is filed for at least 90 days prior to the filing.

Texas Grounds For Divorce

Texas has a total of seven grounds for divorce.

1. Insupportability – the marriage is impossible to fix due to conflict or disharmony between the parties; such a marital discord may have been caused by irreconcilable differences between the spouses.
2. Cruelty – refers to the inhuman treatment of one spouse towards the complaining party that could endanger his or her life or make the marriage miserable and unbearable.
3. Adultery – when one party has committed a sexual relationship with someone else during the marriage.
4. Conviction of a felony – when one spouse is convicted of a crime that got him or her sentenced to imprisonment for at least one year.
5. Confinement in a mental hospital – when one spouse has been confined to a mental facility for a period of three years or more due to insanity and that there’s no sign of recovery seen.
6. Abandonment – when one spouse deserted the other for at least one year with no valid reason but with the intention of abandoning him or her.
7. Living apart – when, for a period of three years, the spouses have been living separately without cohabitation.

Child Custody Law in Texas

Texas divorce courts recognize child custody as conservatorship, and refers to the custodial parent as a conservator. The court may grant parents a sole or joint conservatorship, depending on what it deems as the best decision for the benefit of the child. While it may be construed that both parents better come up with custodial arrangements between themselves, the court may deviate from it if it sees it will not serve the child’s best interests.

Some factors to consider in conservatorship decisions are as follows:

• Age and needs of the child;
• Parents’ ability to support the child;
• Financial resources available for the support of the child, and net resources of the parent to pay support; and
• Necessary expenses in rearing the child.

Guidelines for Texas Child Support

Texas uses the varying percentage of income model to calculate child support obligations. A paying spouse with monthly net income of $6,000 or less is mandated to pay 20% for one child, 25% for two children, 30% for three, 35% for four, 40% for five, and not less than 40% for six or more children.

Where to file for a divorce?

The petitioner may file the Texas divorce forms in the county where either of the spouses has been residing for at least 90 days prior to the complaint.

For a fast and inexpensive divorce process, you can file Texas online divorce forms.

Refer to the “Divorce Requirements for Texas Residents” above and also review the best online divorce sites.

Mediation

Divorce mediation is available in Texas and may be requested by the parties before or after filing the divorce petition. It is a process wherein a mediator meets with the spouses to assist them in resolving their disputes so they could proceed with an uncontested divorce in court. The mediator will work with both parties to reach decisions and solutions like how to divide their properties, settle debts, visit the children, and supporting the spouse or alimony.

Need information for a different state?

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You may also visit the Texas Courts for more information