Divorce in Texas

Texas is nicknamed The Lone Star State, but you shouldn’t take a lonely path when faced with a divorce case in this state.

Filing for divorce in Texas requires either spouse to have been a resident of the state for at least six months before filing, and must have resided in the county where the suit is filed for the prior 90 days.1 If you don’t live in Texas, but your spouse has lived in the state for the last six months, you can file in the county s/he resides.1

Texas is a no-fault divorce state, with several statutory grounds for divorce. To file for a no-fault divorce in Texas, the only recognized ground is “Insupportability.” Other fault-based grounds include cruelty, confinement in a mental hospital, abandonment, conviction of a felony, adultery, and living apart for three years or more.2

Texas is a community property state, and only property acquired during the marriage is subject to division. This means property and assets owned by both spouses will be divided 50/50 between the spouses. The courts will also take into consideration economic misconduct when deciding on property division.3

1Tex. Fam. Code § 6.301-302

2Tex. Fam. Code § 6.001 – 6.007

3Tex. Fam. Code § 7