What You Don’t Know About Texas Divorce Laws Can Hurt You


Divorce can be one of life’s toughest challenges. It involves a unique mix of legal, financial, and personal issues, all while trying to understand the complex laws surrounding divorce in Texas. Many (most) people find themselves lost in a maze of legal jargon, unsure of how to navigate it all. That’s why it’s important to discuss some of those lesser-known aspects of Texas divorce laws that could make a big difference for anyone going through a divorce. Let’s discuss a few of these items for those facing the ups and downs of divorce in the Lone Star State.

The No-Fault Grounds For Divorce

In Texas, couples have the option to file for a “no-fault” divorce, where neither party is required to prove “fault” or wrongdoing on the part of the other. This means that the couple can simply cite “irreconcilable differences” or “insupportability” as the reason for the divorce, without the need to provide evidence of specific misconduct. Opting for a no-fault divorce can often streamline the process and minimize conflict between the parties.

Property Division Laws

Texas follows the principle of community property when it comes to dividing marital assets and liabilities in a divorce. This means that any property acquired by either spouse during the marriage is considered community property and subject to equitable distribution upon divorce. However, it’s essential to note that equitable distribution does not necessarily mean equal distribution. Courts will consider various factors to determine a fair division of assets and debts based on each spouse’s contributions and needs.

Spousal Support Considerations

Spousal support, also known as spousal maintenance, may be awarded in certain divorce cases in Texas. However, unlike some other states, Texas has specific criteria for awarding spousal support, and it is not automatically granted in every case—actually, it is awarded in relatively few cases. Factors such as the length of the marriage, each spouse’s earning capacity, and any history of family violence may influence the court’s decision regarding spousal support.

Child Custody And Support Laws

When children are involved in a divorce, child custody and support arrangements become paramount. Texas courts prioritize the best interests of the child when determining custody and visitation arrangements. Additionally, both parents are typically responsible for financially supporting their children post-divorce, and child support obligations are determined based on each parent’s income, how often the child is with each respective parent, and the proven needs of the child.

Mediation And Alternative Dispute Resolution

While litigation is always an option in divorce cases, Texas law encourages couples to explore alternative dispute resolution methods, such as mediation, to resolve their differences amicably. Mediation allows couples to work together with a neutral third party to negotiate agreements on issues such as property division, child custody, and support. This approach can result in more cost-effective and less adversarial outcomes when compared to traditional courtroom litigation, discovery, hearings, trials, etc.

Legal Requirements And Timelines

It’s crucial for individuals considering divorce in Texas to be aware of the legal requirements and timelines involved in the process. For example, Texas law requires couples to meet certain residency requirements before filing for divorce in the state. Additionally, there are specific waiting periods that must be observed before a divorce can be finalized. 

Protecting Your Rights And Interests

Given the complexities of Texas divorce laws, it’s essential for individuals contemplating divorce to seek guidance from experienced legal professionals. An attorney who specializes in family law can provide invaluable support and advocacy throughout the divorce process, helping clients understand their rights and options under Texas law.

By working with a knowledgeable attorney, individuals can better protect their interests and achieve favorable outcomes in their divorce cases. With proper knowledge and support, individuals can minimize the potential negative consequences of divorce and move forward toward a brighter future.

Contact Our Dallas Divorce Attorney For Exceptional Representation

Are you facing a divorce in Texas and need guidance on how to navigate the process? Seek expert support and legal counsel at Orsinger, Nelson, Downing & Anderson. Reach out to our Dallas divorce lawyers at (214) 273-2400 now to schedule a confidential consultation. We’re here to help you understand Texas divorce laws and protect your rights and assets. Don’t leave your future up in the air—contact Orsinger, Nelson, Downing & Anderson today for trusted legal advice.