Making the difficult decision to divorce involves many practical considerations, from determining asset division to resolving child custody arrangements.

This guide will help during a  time when emotions are running high.


Texas Divorce Laws

Texas is  a no-fault divorce state.

This means there is no need for either spouse to blame the other person and prove that their actions caused the marriage to end. Couples can say they no longer get along.

No-Fault Divorce

No-Fault Divorce

Divorcing couples do not  need to cite evidence of abuse, adultery, abandonment or other grounds for a split.


What if one spouse is at fault?

If one spouse is at fault and the other spouse proves the fault to a court, it may affect property distribution.


Does Texas have residency requirements?

Divorce must be filed in the county where the couple or spouse has lived for at least the past 90 days, and one spouse has to have been a Texas resident for a continuous six-month period.

Texas mandates  a 60 day cooling off period.


What is a community property state?

Community Property

The law assumes everything obtained or earned during a marriage is part of the community & should be divided in a “just and right” manner.

Separate property is not split between the divorcing spouses.

Property that was owned before the marriage

Property that was inherited during the marriage

Separate Property Includes:

Property that was gifted to a spouse during marriage


Will I have to pay support?

Spousal Support

The law requires couples to be married for at least 10 years to be eligible for spousal maintenance, with limited exceptions.

The courts will consider several factors when determining spousal support, including the length of the marriage and each spouse’s financial and other contributions to the union.


What are  pre- and  post-nuptial agreements?

Some couples sign pre-or  post-nuptial agreements to protect their finances and assets. Travis County pre- and post-nuptial agreements may include the following:

• What property will be    shared or remain separate • How future gifts and    inheritances will be treated • Amount and duration of    spousal support

Pre- and post-nuptial agreements

• Distribution of death    benefits  • Division of debts • Protection of assets that a    spouse wishes to pass on    to children from a past    relationship

Pre- and post-nuptial agreements

Dissolution of same-sex marriages

Same-sex couples have the legal right to all the divorce protections afforded to heterosexual couples. However, they still face challenges, particularly when children are involved.

We are committed to zealously working to find the solution that is best for you and your family.

A divorce lawyer can guide you through the process, explain the law, and represent your interests.