Protecting Your Family's Future

Texas Divorce Law—The Basics


Your marriage is in trouble and you are considering filing for divorce in Texas. Here are some important things to understand.

Eligibility to File in Texas

Texas won’t have jurisdiction of your divorce complaint unless you or your ex-to-be have lived in the state for at least six months immediately prior to the filing of the divorce complaint. In addition, at least one of you must have resided in the county where you file for a minimum of 90 days.

These requirements apply to military personnel, too. Though there’s no requirement that you lived in Texas before your assignment there, you must have been on active duty at a base in the state for six months prior to your filing.

The Different Types of Filings

Like all other states, Texas offers no-fault divorce, where you simply have to indicate that you had irreconcilable differences. However, you can also allege fault, which may give you advantage in custody, support or property determinations. The factors that can be stated as cause for divorce in Texas include:

  • Adultery
  • Abandonment
  • Conviction of a felony
  • Physical or mental cruelty
  • Confinement to a mental hospital

Child Support, Child Custody and Visitation

Child support is calculated using a state-established formula, taking into account all income of all parties. The court always has the discretion to amend the order, based on the needs of the child and a parent’s ability to pay/provide. Custody and visitation are based primarily on the best interests of the child, but the Texas courts favor involvement by and regular contact with both parents.

Contact Us

At the office of Linda Stewart Law, PLLC, in Baytown, we bring more than 8 years of experience to clients in south Texas. To learn how we can help, call our office at 281-420-8020 or contact us online. We offer an initial consultation at a reduced fee of $50. We accept credit cards and will set up a payment plan, if appropriate. Our offices are open Monday through Thursday, from 9 a.m. until 5 p.m., and until noon on Fridays. Evening and weekend appointments can be arranged upon request.

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