The specific laws that apply to Texas divorces

If you are considering filing for divorce, you should place special attention on the state in which you intend to file. In most cases, you will file for divorce in the state that you are living in, but you may have other options if you recently relocated to a new state.

If you intend to file for divorce in Texas, you should, therefore, make sure that you fully understand the laws that will apply to you. The following are some of the most relevant.

Grounds for divorce in Texas

In Texas, you do not need to allege that your spouse was at fault for the breakdown of the marriage. Instead, you can file for a “no-fault” divorce by stating that the marriage has become insupportable because of a conflict of personalities. You should also be able to show that there is no reasonable expectation that this conflict will be resolved.

To file for divorce in this state, you will need to have been residing here for at least 6 months prior to your request.

Property division in Texas divorces

Marital property is subject to division at divorce and Texas is a community property state — but that doesn’t necessarily mean an even split when spouse’s divorce. If you and your divorcing spouse cannot agree on how to divide your marital property, the court will arrange it in a way that they consider just and fair.

If you are unhappy in your marriage but you are not sure how divorce will affect you financially, you should take the time to understand how the law will apply to your situation.


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Author: On behalf of Katie L. Lewis of Katie L. Lewis, P.C. Family Law