Texas Divorce Law

Texas is a community property state with specific residency requirements (generally six months in state, 90 days in county). Community property presumes most assets acquired during marriage belong to the marital community; separate property (gifts, inheritances, pre-marital assets) is treated differently. Custody is decided under the best-interest standard; limited spousal maintenance (alimony) is available under tight statutory criteria. (Texas Statutes)

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Residency & Venue

To file in Texas generally you must be a resident of Texas for six months and of the filing county for 90 days (county rules are important for Dallas/Harris counties). Courts will dismiss or transfer if venue/residency is incorrect. 

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Grounds & Separation

No-fault grounds (insupportability) are commonly used, though fault grounds remain on the books. Texas also recognizes statutory separations and certain waiting periods depending on circumstances.

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Community Property Fundamentals

Texas Family Code presumes property acquired during marriage is community property; parties must show clear and convincing evidence to classify property as separate. That presumption affects division of income, investments, real estate and business interests — a large practical difference from equitable-distribution states. 

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Child Custody & Support

Texas courts apply the best interest standard and use statutory Holley factors and Family Code guidance to determine conservatorship (custody) and possession schedules. Child support follows statutory guidelines with potential deviations for special circumstances.

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Spousal Maintenance (Alimony)

Texas limits maintenance awards to specific conditions (e.g., family-violence findings, incapacity, long marriages with financial need) and caps duration and amount in many cases; eligibility is narrower than many states. 
 

Process & Timeline

• File petition → temporary orders (if needed) → discovery → mediation and negotiation → final decree.

Cooperative cases can close faster; high-conflict cases take longer and involve more court hearings.

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Dallas/Houston Matters To Watch

• Business valuations and community tracing in professional practices.

• Military and cross-state income issues (Houston & Dallas have many relocations).

• Temporary orders and emergency relief can affect finances/possession while the case is pending.
   

Next Steps

We arrange local counsel in Dallas and Harris/Houston counties and manage discovery for business valuations and temporary orders.Schedule a consultation to begin.