5 Things to Know Before Filing for Divorce in Texas

Deciding to file for divorce is never easy. You’re facing one of life’s biggest transitions, and the legal process can feel overwhelming when you’re already emotionally exhausted. But here’s the thing: knowing what to expect can take some of the fear out of the unknown. If you’re thinking about divorce in Texas, these five essentials will help you understand what you’re walking into.

Residency Requirements Matter More Than You Think

One of the first things a family law attorney will tell you is that before you can file for divorce in Texas, either you or your spouse needs to have lived here for at least six months. Plus, you’ll need to have been a resident of the county where you’re filing for at least 90 days. These aren’t just hoops to jump through. If you don’t meet these requirements, the court will toss out your case. So, if you just moved to Texas or you’re considering filing in a different county, double-check that you’ve hit these timeframes first.

Texas Is a No-Fault Divorce State

Here’s some good news: you don’t have to prove your spouse did anything wrong to get a divorce in Texas. Most people use “in supportability, which basically means the marriage isn’t working anymore because of discord or conflict. You can keep things simple without dragging each other through the mud. Now, Texas does allow fault-based grounds like adultery, cruelty, or abandonment. Those can influence how property gets divided or whether spousal support comes into play, but you don’t need them just to end the marriage.

Expect A Mandatory Waiting Period

Texas makes you wait 60 days from the date you file before the court can finalize your divorce. Even if you and your spouse have everything figured out and you’re both ready to move on, you’re still looking at a two-month minimum. There are exceptions in cases involving family violence, but for most couples, this waiting period is just part of the deal.

Community Property Rules Will Impact Your Assets

Texas is a community property state, which means pretty much everything you acquired during the marriage belongs to both of you equally. We’re talking about:

• Paychecks and income from either spouse
• Houses or property bought while married
• Retirement funds and investment accounts
• Credit card balances and other debts

Anything you inherited or received as a gift specifically to you usually stays yours. But don’t assume everything gets split exactly down the middle. Courts shoot for what’s “just and right,” taking into account things like who earns more, who’ll have the kids most of the time, and what separate property each person has.

You’ll Need to Think About Your Children’s Best Interests

If you’ve got kids, their well-being becomes the heart of your divorce case. Texas courts focus on what’s best for your children when making custody decisions. You’ll create a parenting plan that spells out living arrangements, how you’ll make important decisions together, and what the visitation schedule looks like. Child support follows state guidelines based on the paying parent’s income and how many kids you have.

Look, divorce is tough. There’s no way around that. But understanding these five basics gives you a solid starting point. Your situation might have twists and turns these general rules don’t cover, and that’s normal. The more you know going in, the better equipped you’ll be to handle what comes next and start building your new chapter.