5 Facts About Texas Divorce Law

Divorce is typically neither an easy nor a pleasant process. However, common misconceptions about Texas divorce law can make the process even more difficult. Spouses should get an education about the basics of Texas divorce law from an experienced family law attorney. Couples that rely on assumptions, hearsay or popular knowledge may find themselves confronting issues that can be both emotionally uncomfortable and financially devastating.

Texas Divorce Law: Jurisdiction and Separation

Some spouses may assume that Texas divorce law only applies to couples who were married in Texas. Texas divorce law does not require that couples must be married in Texas. However, the law specifies that either spouse must have maintained a residence in the state for at least six continuous months prior to filing a divorce petition. Also, Texas divorce law does not recognize “legal separation” prior to divorce, but the law does specify spousal abandonment as grounds for divorce.

Texas Divorce Law: Community Property

Since Texas is a “community property” state, Texas divorce law has very specific requirements for splitting up marital property. Most assets acquired by either spouse become community property, regardless of whose name is on the asset. If a spouse acquires an asset during the marriage in their own name, that asset is still considered community property. The rare exceptions of the community property rule under Texas divorce law include property acquired by a spouse prior to the marriage, or a gift or inheritance in the name of an individual spouse.

Texas Divorce Law: Alimony

Another mistaken idea spouses have about Texas divorce law revolves around spousal maintenance payments, better known as “alimony.” Texas divorce law has very specific requirements on spousal maintenance payments. These include that the marriage must have lasted at least ten years. Another requirement states that the spouse receiving the payments must be the custodial parent of a child from the marriage who requires special care. Alimony payments also have limited durations and can be reviewed if either spouse has a change in their income levels.

Texas Divorce Law: Child Custody and Child Support

Some groups have stated their belief that Texas divorce law, specifically in child custody cases, unfairly favors the mother. Judges are strictly forbidden under Texas divorce law to favor one spouse over the other when hearing cases. The judge must consider “the best interests of the child” in all custody cases. Spouses who are required to pay spousal maintenance or child support payments can have their wages garnished for non-compliance, unless they file a petition to review the payment plans.

Texas Divorce Law: Post-Nuptial Agreements

Although Texas divorce law typically calls for asset division following community property guidelines, divorcing couples can create post-nuptial agreements to divide their assets. The assets specified under the post-nuptial agreement can become separate property and not subject to community property division by Texas divorce law. Couples can consult with a Texas divorce law attorney to learn more about how to make such arrangements.

Get Answers For Your Texas Divorce Law Questions

To find out how we can answer your questions about Texas divorce law, contact one of our attorneys today. Our intake team will take down the details of your case and quickly connect you to an attorney who understands how Texas divorce law can affect your case. You can also fill out the “Free Case Evaluation” form at the top of this page.