Texas divorce laws include unique rules and nuances that can significantly impact your case, from community property division procedures and spousal maintenance limits, to waiting periods and restrictions on finalizing a divorce during pregnancy.
Key Takeaways:
- While marital assets are divided under community property laws, courts consider factors like income disparity and fault when determining what is “just and right.”
- Unlike other states, Texas does not grant permanent alimony, and financial support is only awarded under specific conditions, such as long-term marriages or cases involving family violence.
- To ensure paternity, custody, and support are properly established, courts usually delay finalizing divorces until after the baby is born.
- Having an experienced Texas divorce attorney in your corner can help you effectively navigate these guidelines, avoid critical errors, and achieve a favorable outcome.
Divorce is never easy, but it can be even harder for those who aren’t familiar with the specific laws here in Texas (and most people aren’t!). Many people assume divorce laws are the same across the country, but this isn’t the case, and the Texas divorce process comes with some legal twists and turns that may catch you off-guard – especially when it comes to property division, residency requirements, and even how long you have to wait before your divorce is final.
It’s critical that you understand how Texas divorce procedures generally work before you start the process. Whether you’re thinking about filing or already in the middle of a divorce, here are some laws that might surprise you – and what they could mean for your case.
1. You Don’t Need Your Spouse’s Permission to Get a Divorce
Many people worry that if their spouse refuses to agree to the divorce, they’re stuck in the marriage. That’s not the case in Texas, because we are a no-fault divorce state.
Texas allows for no-fault divorce, meaning you don’t have to prove that your spouse did something wrong, nor do you need their consent to file. If one person wants to end the marriage, the court will grant the divorce – even if the other spouse objects.
However, if one spouse wants to claim fault-based grounds (such as adultery or cruelty), they can. While proving fault won’t stop the divorce, it could impact property division and spousal support – more on that below.
How This Affects Your Case: If your spouse refuses to cooperate, don’t panic. You can still move forward with your divorce, even without their consent.
2. The 60-Day Waiting Period (And Why You Can’t Skip It)
In Texas, divorce isn’t instant – even if both spouses agree on everything. By law, you must wait at least 60 days from the date you file before your divorce can be finalized. Even if you and your spouse reach a settlement quickly, the court won’t grant the divorce until this waiting period has passed.
Are There Exceptions?
In some cases, especially if family violence is involved, the court may waive the 60-day waiting period for your safety. Otherwise, everyone must wait.
How This Affects Your Case: Expect your divorce to take at least two months, even if everything is uncontested. If you anticipate conflict, the process will likely take much longer.
3. Texas is a Community Property State (But That Doesn’t Always Mean 50/50)
Texas follows community property laws, meaning most assets acquired during the marriage belong equally to both spouses and must be divided in a “just and right” manner. However, many people assume this means an automatic 50/50 split, and while it’s generally true, it doesn’t happen in every case.
How Property is Divided in Texas Divorce
- The court aims for a “just and right” division of marital assets, which doesn’t always mean an equal split.
- If one spouse earns significantly more, the court may award the lower-earning spouse a larger share of the marital property.
- Fault-based divorce (such as adultery) could affect asset distribution, and result in the wronged spouse receiving more.
How This Affects Your Case: If you’re the higher earner, you might not walk away with exactly half of your marital assets. If adultery or misconduct is involved, it could impact the financial outcome. A Texas divorce attorney can help protect your future financial stability and ensure a fair outcome
4. Separate Property is Protected – But You Have to Prove It
If you owned property before marriage, received an inheritance, or were gifted assets, those should be considered separate property and not divided in a divorce.
The Catch? You Must Prove It.
Texas law assumes that everything you own is community property unless you can prove otherwise. This means you may need:
- Financial records showing the original purchase before marriage
- A paper trail for inheritance money (such as a will or bank statements)
- Clear documentation that separate funds weren’t mixed with marital funds (commingling can make separate property harder to prove)
How This Affects Your Case: If you have separate property, be ready to prove its status to keep it from being divided in your divorce. A skilled and experienced Texas divorce lawyer can assist with this process, as well as financial experts like forensic accountants.
5. Texas Doesn’t Have Permanent Alimony (But There’s Spousal Maintenance)
Unlike some states, Texas doesn’t award lifetime alimony – but it does offer spousal maintenance in certain cases.
Who Qualifies for Spousal Maintenance?
A spouse may receive financial support if:
- They were married for at least 10 years and can’t meet their basic needs.
- They are disabled or caring for a disabled child, making employment difficult.
- The other spouse was convicted of family violence within two years of the divorce filing.
Even when granted, spousal maintenance is usually temporary, lasting up to 10 years depending on the length of the marriage.
How This Affects Your Case: If you’re requesting spousal support, be prepared to prove financial need. If you’re the paying spouse, know that payments aren’t indefinite, and your attorney can help ensure you aren’t taken advantage of.
6. Custody Laws Favor the “Best Interest of the Child” (Not One Parent Over the Other)
Some parents assume that mothers automatically get custody in Texas. That’s a myth!
How Custody Works in Texas
- Texas courts prefer joint managing conservatorship (shared custody) whenever possible.
- If one parent has a history of abuse, neglect, or instability, the court may award sole custody to the other parent.
- Possession and access schedules determine parenting time – even if decision-making is shared.
How This Affects Your Case: The court won’t favor one parent based on gender. Instead, it will decide based on what’s best for your child.
7. You Can’t Finalize Your Divorce If You’re Pregnant
While there are no “official” laws on the books stating this, many people don’t realize that Texas courts won’t finalize a divorce if one spouse is pregnant.
Why?
- The court needs to establish paternity and child support before finalizing the divorce.
- Even if the husband isn’t the biological father, legal procedures must be followed.
How This Affects Your Case: If you’re pregnant, expect to wait until after the baby is born before your divorce is official.
What These Laws Mean for Your Divorce
Texas divorce laws come with unexpected rules, exceptions, and surprises that can impact your case. Whether you’re concerned about property division, spousal support, or custody, understanding the law is key to protecting your rights.
The best way to navigate these complexities? Work with an experienced Texas divorce attorney!
Need Legal Guidance? We’re Here to Help. Contact The Law Offices of Lisa G. Garza Today!
Divorce is complicated, and there’s a lot of information you need to know, but you don’t have to go through it alone. Our dedicated team of Texas divorce attorneys at the Law Offices of Lisa G. Garza will walk you through each step of the process, protect your assets, and fight for the best possible outcome in your case! Moreover, our lead attorney, Lisa G. Garza is board-certified in family law by the Texas Board of Legal Specialization, demonstrating her ability to position you for success.
Call us today for a free consultation and get the answers you need to move forward with confidence!