Divorce in Texas: The Basics

Texas Divorce Attorneys Handling a Broad Range of Family Law Matters

Divorce in Texas can involve much more than the end of a marriage. Depending on the circumstances, a divorce may also determine how property and debt are divided, whether spousal maintenance is at issue, what conservatorship and possession orders will apply to the children, and what temporary rules will govern the family while the case is pending. Texas allows no-fault divorce under Texas Family Code § 6.001, but even a case that begins simply can become more complex when children, businesses, retirement accounts, real estate, or separate property claims are involved. 

For many people, the first step is understanding the basic structure of divorce law in Texas. Before strategy, negotiation, or trial preparation begins, it helps to know who can file, how long a divorce usually takes, what issues the court can decide, and where the most common disputes arise. Your source material already maps naturally onto those broader subjects, especially property division, custody, support, marital agreements, and post-divorce issues. 

Basic Questions About Divorce in Texas

• What are the requirements to file for divorce in Texas? 

• Is Texas a no-fault divorce state? 

• How long does a divorce take in Texas? 

• What issues are decided in a Texas divorce? 

• How is property divided in a Texas divorce? 

• What happens if the parties have children? 

• Can temporary orders be entered while the divorce is pending? 

• Do all divorce cases go to trial? 

• 
  

What Are the Requirements to File for Divorce in Texas?

Under Texas Family Code § 6.301, a suit for divorce may not be maintained in Texas unless, at the time the suit is filed, either the petitioner or respondent has been a domiciliary of Texas for the preceding six-month period and a resident of the county of filing for the preceding 90-day period. 

In practice, this is one of the first threshold questions in a divorce consultation. Even when the substantive issues are clear, the case still needs to be filed in a court with proper jurisdiction and venue under the Texas Family Code. 

Is Texas a No-Fault Divorce State?

Yes. Texas permits no-fault divorce under Texas Family Code § 6.001, which provides that, on the petition of either party, the court may grant a divorce without regard to fault if the marriage has become insupportable because of discord or conflict of personalities that destroys the legitimate ends of the marriage relationship and prevents any reasonable expectation of reconciliation. 

That does not mean every divorce is free of fault-related allegations. Some cases still involve claims tied to adultery, cruelty, or other misconduct. But as a general starting point, Texas law does not require a spouse to prove wrongdoing in order to pursue a divorce. 

How Long Does a Divorce Take in Texas?

Under Texas Family Code § 6.702, a court generally may not grant a divorce before the 60th day after the date the suit was filed, subject to limited statutory exceptions. That means even an agreed divorce usually cannot be finalized immediately. Still, the 60-day mark is only the earliest possible finish line in many cases. A divorce may take longer if the parties disagree on property division, child-related issues, temporary orders, or the language of the final decree. Cases involving substantial assets or contested parenting issues often require more time and more detailed preparation. 

What Issues Are Decided in a Texas Divorce?

A Texas divorce may address a wide range of legal and practical issues. Depending on the family, those may include property division, debt allocation, child custody, possession and access, child support, spousal maintenance, temporary orders, and the terms of the final decree. The Texas Family Code also authorizes temporary restraining orders and temporary injunctions during the pendency of the case under Texas Family Code §§ 6.501 and 6.502, and temporary orders affecting children under Texas Family Code Chapter 105. 

For some families, the central issue is the parenting plan. For others, the major focus is financial, such as a residence, retirement accounts, a closely held business, or separate property claims. The material you prepared is especially strong for building out those subtopics later through supporting articles. 

How Is Property Divided in a Texas Divorce?

Texas is a community property state. Texas Family Code § 3.002 defines community property as property, other than separate property, acquired by either spouse during marriage. Texas Family Code § 3.003(a) further provides that property possessed by either spouse during or on dissolution of marriage is presumed to be community property. 

Separate property is addressed in Texas Family Code § 3.001 and generally includes property owned or claimed before marriage, property acquired during marriage by gift, devise, or descent, and certain personal injury recoveries. In a divorce, Texas Family Code § 7.001 provides that the court shall order a division of the estate of the parties in a manner the court deems just and right, having due regard for the rights of each party and any children of the marriage.  

That is why property disputes in divorce often turn not only on value, but on characterization. A dispute may arise over whether an asset is community, separate, or mixed in character. That broader structure also gives you clean internal-link opportunities later for community property, separate property, reimbursement claims, retirement division, business valuation, and high-asset divorce. 

What Happens if the Parties Have Children?

When children are involved, a divorce may include orders relating to conservatorship, possession and access, child support, and the right to designate the child’s primary residence. Under Texas Family Code § 153.002, the best interest of the child is always the court’s primary consideration in determining conservatorship and possession of and access to the child. Child support issues are governed more broadly by Texas Family Code Chapter 154. 

From a website-content perspective, this is another area where a broad overview should lead into more detailed pages. Topics such as standard possession, 50/50 schedules, geographic restrictions, modifications, enforcement actions, and other child-related disputes are all natural companion articles for a Texas family law site. Those subjects are also well supported by your existing source material. 

Can Temporary Orders Be Entered While the Divorce Is Pending?

Yes. Temporary orders often play a major role in Texas divorce litigation. The Family Code authorizes a range of interim remedies while the case is pending, including temporary restraining orders and temporary injunctions under Texas Family Code §§ 6.501 and 6.502, and temporary orders concerning children under Texas Family Code Chapter 105. 

In many cases, these early orders shape the parties’ day-to-day lives long before the divorce is finalized. For that reason, the beginning of a divorce case is often more important than clients initially realize. 

Do All Divorce Cases Go to Trial?

No. Many Texas divorce cases are resolved through negotiation, mediation, or agreed final orders rather than trial. But the fact that a case may settle does not mean the legal issues are minor. A final decree can have long-term effects on property rights, parenting rights, enforcement remedies, and post-divorce obligations, particularly because the court’s property division is made under Texas Family Code § 7.001 and child-related orders remain subject to the continuing framework of the Texas Family Code. 

Even where the parties hope to reach an agreement, it is still important to identify the major issues early understand the relevant legal framework, and draft final terms carefully. 

Learn More About Divorce in Texas

A broad overview of Texas divorce law is only the starting point. Every divorce presents its own mix of legal, financial, and personal considerations, and the facts of a case can significantly affect the strategy, timeline, and outcome. Whether your concerns involve children, separate property, support, temporary orders, or complex financial issues, it is important to understand your rights and obligations as early as possible.

If you are considering divorce or have questions about the divorce process in Texas, contact our office to discuss your situation and learn more about your options at verplankiorio.com.