Texas Divorce Law

Complete Overview of of the Texas Divorce Laws

Home»Divorce Law»Texas Divorce Law

Important Texas Divorce Guidelines to File for a Divorce

Texas Residency Requirements For Divorce

When filing Texas divorce papers residency requirements stipulate that either spouse must have lived in the state of Texas for at least six months prior to the filing, while also being a resident of the county in which the filing is taking place at least 90 days before the initial filing.

Grounds For Divorce In Texas

No fault: On the petition of either party to a marriage, 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 marital relationship and prevents any reasonable expectation of reconciliation.

Common grounds for a fault based divorce in Texas are:

  • adultery;
  • cruelty;
  • conviction of a felony;
  • abandonment.
Texas Child Custody

Texas divorce courts tend to lean towards both parents being involved in the post divorce parenting scenario. Having joint legal custody allows both parents to be intimately involved in important decisions about the child’s health, growth, and general welfare. However if it can be shown that sole custody can be seen as being the in the best interest of the child the courts will rule accordingly. Generally the courts will prefer for the parents to come to their own agreements on the custody of the children. If an agreement is judged not to be in the best interest of the child the courts will not approve such a decision.

Texas Child Support Guidelines

Texas child support guidelines are usually applied the same in each case. To calculate the amount of support the courts will take into account the gross income of both parents and shall also factor in certain child related expenses. It is understood that child support will usually run up and until either a child graduates from high school or turns 18, whichever one happens last.


Texas divorce forms may be filed in the petitioner’s county of residence.


At any point before or during the filing Texas divorce papers the couple may submit their issues to a period of mediation. If the couple is able to resolve the contested issues through mediation they will be able to proceed forward with the divorce on an uncontested basis.