Texas Divorce Laws 12

Divorce Law Basics in the State of Texas

Also See: Texas Marriage Laws

Statute: Texas State Divorce Code (Family Code, Title 1, Chapter: 6): statutes.legis.state.tx.us

No-Fault Grounds:

  • Irreconcilable differences
  • The parties have lived apart for at least three years without cohabitation

At-Fault Grounds:

  • Cruelty
  • Conviction of a felony and has been imprisoned for at least one year and has not been pardoned
  • Abandonment for at least one year
  • Confinement in a mental institution for at least three years and the spouse’s mental disorder makes it probable that adjustment is unlikely or that a relapse will occur

Residency: Either party must be a resident of the state at least six months and a resident of the county for at least 90 days prior to filing

Legal Separation Recognized? Provides temporary orders at the time that divorce suit is filed. Alimony, property distribution and child support can be awarded.

Counseling Requirements: The court may order the parties to attend mediation if reconciliation is possible. The court may also order counseling when a minor child is involved.

Property Distribution: Texas is a community property state. Parties may modify the distribution by separate agreement; otherwise, the court will distribute the property equally.Separate property (property acquired prior to the marriage, as a gift or through inheritance) is not included in property distribution. Fault is not considered.

Alimony: Alimony may be awarded to either party at the discretion of the court. Fault is considered on the part of the spouse seeking support.


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