Divorce is rarely simple, even when both spouses agree it is the right decision. Beyond the emotional toll, you are facing decisions that will shape your finances, your relationship with your children, and your future for years to come — property division, child custody, child support, and spousal support all have to be resolved, often while emotions are running high.
At Manuel Diaz Law Firm, our divorce attorneys in Fort Worth guide you through every step of the process, protecting your rights and working toward the best possible outcome for you and your family.
Grounds for Divorce in Texas
Texas is a “no-fault” divorce state, meaning you do not have to prove wrongdoing to obtain a divorce. The most common ground cited is insupportability — that the marriage has become insupportable due to discord or conflict of personalities that destroys the legitimate ends of the marriage, with no reasonable expectation of reconciliation.
Texas also recognizes fault-based grounds, including:
- Cruelty
- Adultery
- Conviction of a felony
- Abandonment for at least one year
- Living apart for at least three years
- Confinement in a mental hospital
While proving fault can sometimes affect property division or spousal support, most Texas divorces proceed on a no-fault basis to simplify and shorten the process.
The Texas Divorce Process
Residency Requirements
To file for divorce in Texas, at least one spouse must have been a resident of Texas for the preceding six months and a resident of the county where the divorce is filed for the preceding 90 days.
The Mandatory Waiting Period
Texas requires a minimum 60-day waiting period from the date the petition for divorce is filed before a judge can finalize the divorce, even if both spouses agree on every issue.
Contested vs. Uncontested Divorce
An uncontested divorce, where both spouses agree on all issues — property division, custody, support — can be finalized relatively quickly and at lower cost. A contested divorce, where spouses disagree on one or more issues, requires negotiation, mediation, or ultimately a trial before a judge.
Property Division in a Texas Divorce
Community Property State
Texas is a community property state, meaning that most property acquired during the marriage is considered jointly owned by both spouses, regardless of whose name is on the title or account. Community property is generally divided in a manner the court considers “just and right,” which does not always mean a strict 50/50 split.
Separate Property
Property owned before the marriage, or acquired during the marriage by gift or inheritance, is generally considered separate property and is not subject to division — provided it can be clearly traced and has not been commingled with community assets.
Factors Courts Consider in Property Division
- Each spouse’s earning capacity and education
- The size of each spouse’s separate estate
- Fault in the breakup of the marriage, if applicable
- Custody of any children
- The length of the marriage
- Health and age of each spouse
Child Custody and Support in a Texas Divorce
Conservatorship
Texas uses the term “conservatorship” rather than “custody.” Courts generally favor Joint Managing Conservatorship, where both parents share in the rights and duties of raising the child, unless there is evidence that joint conservatorship would not be in the child’s best interest, such as in cases involving family violence or abuse.
Possession and Access Schedule
The court establishes a possession schedule determining when each parent has physical time with the child. Texas courts often use the Standard Possession Order as a starting point, though this can be modified based on the child’s needs and each parent’s circumstances.
Child Support
Texas calculates child support using statutory guidelines based primarily on the paying parent’s net monthly income and the number of children involved. These guidelines can be adjusted based on factors like healthcare costs, educational expenses, and special needs.
Spousal Support (Alimony) in Texas
Unlike many states, Texas courts award spousal maintenance sparingly, and only under specific circumstances, such as when the marriage lasted 10 years or longer and the requesting spouse lacks sufficient property or income to meet their minimum reasonable needs, or in cases involving family violence. The amount and duration of spousal maintenance are subject to statutory caps.
Frequently Asked Questions About Divorce in Texas
How long does a divorce take in Texas?
The minimum time is 60 days due to the mandatory waiting period, but most divorces — particularly contested ones involving property division or custody disputes — take several months to over a year to finalize.
Do I need a reason to get divorced in Texas?
No. Texas is a no-fault divorce state, meaning you can file for divorce based on insupportability without proving your spouse did anything wrong.
How is property divided if we can’t agree?
If spouses cannot agree, the court will divide community property in a manner it deems “just and right,” considering factors such as each spouse’s earning capacity, health, age, and fault in the breakup of the marriage, among others.
Can I get spousal support in Texas?
Spousal maintenance is only awarded in limited circumstances in Texas, generally requiring a marriage of at least 10 years or evidence of family violence, along with a showing of financial need. An attorney can evaluate whether you may qualify.
What happens to our home in the divorce?
The marital home is typically considered community property and will be divided as part of the overall property settlement — this could mean selling the home and splitting proceeds, one spouse buying out the other’s interest, or awarding the home to one spouse in exchange for other assets.
Contact a Divorce Lawyer in Fort Worth Today
At Manuel Diaz Law Firm, our divorce attorneys in Fort Worth understand what is at stake — your children, your finances, and your future. We provide clear guidance and strong advocacy at every stage of your divorce.
We offer a free initial consultation and serve clients throughout Tarrant County, Dallas County, Denton County, and all of North Texas. We are fully bilingual — hablamos espanol. Call (855) 900-3429 or contact us at diazlf.com.
Manuel Diaz Law Firm | 8100 John W. Carpenter Fwy, Suite 200, Dallas, TX 75247 | Serving Tarrant County, Dallas County, Denton County, and all of North Texas
