Going through a divorce is difficult enough without also trying to decipher the legal process on your own. Texas divorce law has its own set of rules, timelines, and terminology that differ from many other states, and understanding them can make a stressful process feel far more manageable.
This guide walks through the key elements of divorce laws in Houston, TX, from residency requirements and grounds for divorce to property division, custody, and support. Whether you’re just starting to consider divorce or you’re already in the middle of the process, Daniel Ogbeide Law is here to help Houston-area families understand their options and move forward with confidence.
Residency Requirements for Divorce in Texas
Before filing for divorce in Houston, Texas law requires that at least one spouse has:
- Lived in Texas for at least six months, and
- Lived in the county where the divorce is filed (Harris County, for most Houston residents) for at least 90 days
If these residency requirements aren’t met, the court doesn’t have the authority to grant the divorce, so this is typically the first thing an attorney will confirm before moving forward with a filing.
Grounds for Divorce in Texas
Texas allows both no-fault and fault-based divorces.
No-Fault Divorce
The most common ground for divorce in Texas is “insupportability,” meaning the marriage has become insupportable due to discord or conflict of personalities that destroys the legitimate ends of the marriage, with no reasonable expectation of reconciliation. Neither spouse has to prove wrongdoing to file under this ground.
Fault-Based Divorce
Texas also allows divorce to be granted based on fault, including:
- Adultery
- Cruelty
- Abandonment
- Felony conviction
- Living apart for at least three years
- Confinement in a mental hospital
Filing on fault-based grounds can sometimes affect property division or spousal maintenance, since Texas courts have discretion to consider fault when dividing the marital estate. An attorney can help evaluate whether pursuing a fault-based filing makes sense for your situation.
The Mandatory Waiting Period
Texas law requires a minimum 60-day waiting period from the date the divorce petition is filed before a divorce can be finalized. This applies even to uncontested divorces where both spouses agree on every issue. Contested divorces involving disputes over property, custody, or support often take significantly longer than the 60-day minimum.
Property Division: Community Property in Texas
Texas is a community property state, which means that, with some exceptions, property acquired during the marriage is considered jointly owned by both spouses, regardless of whose name is on the title or account.
What Counts as Community Property
Generally, community property includes:
- Income earned during the marriage
- Real estate purchased during the marriage
- Retirement accounts and pensions accrued during the marriage
- Vehicles, furniture, and other assets acquired while married
What Counts as Separate Property
Separate property generally includes:
- Property owned before the marriage
- Gifts and inheritances received by one spouse individually
- Personal injury settlements (with some exceptions for lost wages)
Texas courts divide community property in a manner they consider “just and right,” which does not always mean a strict 50/50 split. Factors such as each spouse’s earning capacity, fault in the breakup of the marriage, and the needs of any children can influence how property is divided.
Child Custody in Texas Divorces
Texas uses the term conservatorship rather than custody. There are two main types:
- Joint Managing Conservatorship (JMC): Both parents share rights and responsibilities for the child, though this doesn’t necessarily mean equal time with the child.
- Sole Managing Conservatorship (SMC): One parent holds the majority of decision-making rights, often used in cases involving abuse, neglect, or other significant concerns.
Texas courts base custody decisions on the best interest of the child, considering factors like each parent’s ability to provide a stable environment, the child’s relationship with each parent, and, depending on the child’s age, sometimes the child’s own preferences.
Child Support Guidelines
Texas uses a formula based primarily on the paying parent’s income and the number of children involved. As a general guideline:
- 20% of net income for one child
- 25% for two children
- 30% for three children
with the percentage increasing for additional children, subject to certain income caps and adjustments. Courts can deviate from these guidelines in specific circumstances, such as a child’s medical needs or significant disparities in parental income.
Spousal Maintenance in Texas
Unlike many states, Texas law limits spousal maintenance (sometimes called alimony) to specific circumstances, such as:
- The marriage lasted 10 years or longer and the requesting spouse lacks sufficient property or income to meet basic needs
- The paying spouse was convicted of family violence
- The requesting spouse has a disability that prevents self-support
- The requesting spouse is the custodian of a child with a disability requiring substantial care
Even when spousal maintenance is awarded, Texas law caps both the amount and the duration based on the length of the marriage.
Uncontested vs. Contested Divorce
An uncontested divorce means both spouses agree on all major issues, including property division, custody, and support. These cases are typically faster, less expensive, and less stressful, since they can often be resolved without extensive litigation.
A contested divorce involves disagreement on one or more major issues, which may require negotiation, mediation, or, in some cases, a trial. Contested divorces take longer and cost more, but they also ensure that disputed issues are resolved through a formal legal process rather than pressure or compromise.
Why Work With a Houston Divorce Attorney
Divorce law in Texas involves detailed rules around residency, property classification, custody standards, and support calculations, and small mistakes can have long-term financial and parental consequences. A Houston divorce attorney can help by:
- Explaining how Texas law applies to your specific situation
- Identifying and properly classifying community versus separate property
- Advocating for a custody arrangement that protects your relationship with your children
- Ensuring child support and spousal maintenance calculations are accurate
- Negotiating settlements or representing you in court if the case is contested
At Daniel Ogbeide Law, we help Houston-area clients navigate every stage of the divorce process, from the initial filing through final judgment, with clear communication and a strategy built around your specific goals.
Frequently Asked Questions
How long does a divorce take in Houston, TX?
Every divorce is subject to Texas’s 60-day minimum waiting period, but uncontested divorces can often be finalized shortly after that period ends, while contested divorces involving custody or property disputes can take several months or longer.
Is Texas a 50/50 state for divorce?
No. Texas is a community property state, but courts divide property in a manner they consider “just and right,” which is not always an equal split.
Do I need a lawyer for an uncontested divorce in Texas?
It’s not legally required, but an attorney can help make sure your settlement agreement and paperwork are legally sound, which can prevent disputes or complications later on.
Can I get spousal maintenance in Texas?
Only in specific circumstances defined by Texas law, such as a long-term marriage combined with financial need, family violence, or a qualifying disability.
Talk to a Houston Divorce Attorney Today
Understanding divorce laws in Houston, TX is the first step toward protecting your rights, your children, and your financial future. Daniel Ogbeide Law is committed to guiding Houston-area families through the divorce process with clarity and dedicated advocacy.
If you’re considering divorce or have questions about how Texas law applies to your situation, contact Daniel Ogbeide Law at (832) 975-7060 or visit danielogbeidelaw.com to schedule a consultation.
