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Texas Divorce Laws — An Overview

Divorce in Texas—An Overview

Before you think seriously about getting a divorce in Texas, it’s a good idea to learn as much about the process as you can. Here’s an overview of divorce in Texas.

Qualifying to File in Texas

Like most states, Texas requires that you have a minimum period of residency in the state before you can file for divorce. At least one of the parties to a divorce action in Texas must have lived in the state for the six month period immediately preceding the filing. This applies to military personnel as well. As a soldier, you need not have been a resident of Texas before being stationed there, but you must have served at one of the state’s military installations for a minimum of six months before the divorce action is filed.

In addition, at least one of the parties to the divorce must have resided in the county where the divorce is filed for at least 90 days immediately prior to the filing of the complaint.

Grounds for Filing

Although you don’t need to state grounds for filing—Texas allows no-fault divorce—doing so can gain you some advantage in property distribution and alimony determinations. Texas allows a party to file an at-fault-based divorce complaint for the following reasons:

  • The other spouse committed adultery
  • The other spouse engaged in physical or mental cruelty
  • The other spouse was convicted of a felony, has served at least one year in the penitentiary in Texas or another state, and has not been pardoned.
  • The other spouse is confined to a mental hospital for at least three years
  • The other spouse has abandoned the marriage or the marital partner

Alimony or Spousal Support

A Texas court has the discretion to award spousal support on a limited basis. The court may grant temporary or permanent alimony, based on a number of factors, including the length of the marriage, the age and health of the parties, the earning capacity of the parties, and any evidence of domestic violence or abuse.

Child Custody, Visitation and Support

In Texas, decisions that affect minor children must give priority to the best interests of the child. Child support is generally calculated using a state formula, but the court may amend the amount to be paid, based on the needs of the child and the ability of the parents to provide. Texas courts encourage agreements that allow minor children to have regular and meaningful contact with both parents. The parties may agree to the terms of custody and visitation, but the court may impose different conditions if they believe doing so is in the best interests of the child.

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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