Divorce in Texas:
Community Property & Your Rights.

Texas Divorce Overview (2026)

Texas divorce is governed by the Texas Family Code. Texas is a community property state, but unlike California's strict 50/50 split, Texas courts have "just and right" discretion to divide property unequally. Texas also allows fault grounds — adultery, cruelty, abandonment — that can directly impact property division and support awards.

Residency Requirements

• At least one spouse must have been a Texas resident for 6 months before filing
• Must have lived in the county where filing for at least 90 days

Grounds for Divorce in Texas

Texas is unusual in still offering fault-based divorce grounds alongside no-fault:

No-fault grounds

• Insupportability: Irreconcilable differences — the most commonly used ground; no proof of wrongdoing required
• Living apart: Spouses have lived separate and apart without cohabitation for at least 3 years

Fault grounds

• Cruelty: Physical or emotional abuse making living together insupportable
• Adultery: Sexual infidelity — can directly support a disproportionate property award to the innocent spouse
• Conviction of felony: Imprisoned for 1+ year after marriage
• Abandonment: Left with intent to abandon for at least 1 year
• Mental hospital confinement: Confined for 3+ years with unlikely recovery

Community Property Division in Texas

Texas Family Code §3.003 creates a presumption that all property held by either spouse during a marriage is community property. The court divides it in a manner that is "just and right having due regard for the rights of each party and any children of the marriage" (TFC §7.001).

Factors affecting unequal division

• Fault in the breakup of the marriage (adultery, cruelty) — can justify more property to the innocent spouse
• Disparity in earning capacity and earning power
• Age, health, and education of each spouse
• Custody of minor children
• Business opportunities and liquid assets of each spouse
• One spouse's dissipation (wasteful spending) of community assets

Separate property (not divided)

• Property owned before the marriage
• Gifts and inheritances received during the marriage (must be kept separate)
• Personal injury recovery for pain and suffering (economic damages may be community)

Spousal Maintenance in Texas

Texas is one of the most restrictive states for spousal maintenance (alimony). Awards are limited to specific circumstances and capped by statute:

• Eligibility: Marriage of 10+ years where requesting spouse cannot meet minimum reasonable needs, OR spouse was victim of family violence within 2 years, OR requesting spouse has a disability, OR spouse is primary custodian of disabled child
• Maximum amount: The lesser of $5,000/month or 20% of the paying spouse's average monthly gross income
• Duration: 5 years (marriage 10–20 years); 7 years (marriage 20–30 years); 10 years (30+ year marriage); indefinite if spouse has disability
• Maintenance terminates upon the recipient's remarriage or either party's death

Child Custody in Texas

Texas calls child custody "conservatorship" and physical custody "possession and access":

• Joint managing conservatorship (JMC): Presumed to be in the best interest of the child unless there is a history of domestic violence or abuse; both parents share decision-making
• Standard Possession Order (SPO): Texas's default possession schedule for the non-primary parent — every 1st, 3rd, and 5th weekend; Thursday evenings; alternating holidays; extended summer possession
• Expanded Standard Possession Order: Available for parents living within 100 miles of each other — adds additional time to the non-primary parent's schedule
• Best interest factors: Parent-child relationship, each parent's ability to meet the child's needs, stability of home environment, the child's age and preferences

Texas Divorce Process

1. File Original Petition for Divorce (or SAPCR if children involved) in the district court of your county
2. Serve the respondent — formal process service required within 90 days
3. Temporary Orders hearing (if needed) — addresses support, custody, and use of property during the case
4. Exchange financial disclosures and complete discovery
5. Mediation — required by most Texas courts before trial
6. Wait the mandatory 60-day cooling off period from the date of filing
7. Enter Final Decree of Divorce