Divorce Attorneys Serving Central Texas

Filing for Divorce in Texas

To start a divorce case here, one spouse will usually need at least six months of Texas residency. One spouse must also have lived in the county where the case is filed for at least 90 days.

A divorce will not become final right after the paperwork is filed. Usually, at least 60 days must pass before the judge can grant it. Some family-violence cases are exceptions. Even after those 60 days are up, the case stays open until the remaining issues are settled or decided in court.

What Happens After a Divorce Is Filed?

Filing the petition begins the case. The other spouse must then receive the required legal notice unless they sign a valid waiver of service.

The next steps will depend on the family’s circumstances. A divorce may involve:

• Temporary arrangements for children
• Use of the family home and other property
• Responsibility for bills and monthly expenses
• Child custody and possession schedules
• Child support
• Identification and valuation of marital property
• Separate-property claims
• Spousal maintenance
• Negotiation or mediation
• A final hearing or trial

Some spouses agree on every issue and submit an agreed divorce to the court. Others need time, negotiation, mediation, or a judge’s decision before the case can be completed.

Does Someone Have to Be at Fault?

No. Most people do not have to prove that their spouse did something wrong to get divorced in Texas. They can file on the ground of insupportability, meaning the marriage is no longer working, and they do not reasonably expect to reconcile.

Texas also recognizes several fault-based grounds, including:

• Cruelty
• Adultery
• Felony conviction
• Abandonment
• Living apart for at least three years
• Confinement in a mental hospital under the circumstances described by law

Alleging fault does not automatically result in a larger share of the marital property. The facts may be relevant when the court decides what division is “just and right,” but the effect will depend on the evidence and the other circumstances of the divorce. The available grounds are addressed in Chapter 6 of the Texas Family Code.

Contested & Uncontested Divorce

A divorce is generally considered uncontested when the spouses agree on every issue that must be included in the final decree. This may include property, debts, parenting arrangements, child support, and any other terms involved in the case.

A disagreement over even one material issue can make the divorce contested. That does not necessarily mean the case will go to trial. The spouses may still reach an agreement through their attorneys, informal negotiations, or mediation.

Before treating a divorce as uncontested, it is important to understand what the proposed paperwork says and how it may affect your property, finances, and parental rights.

Community & Separate Property

A car bought during the marriage does not become one spouse’s separate property simply because only that spouse’s name appears on the title. The same issue can come up with a house, bank account, retirement plan, business, or other asset. When a Texas couple divorces, property in either spouse’s possession is generally treated as community property unless there is evidence showing otherwise.

Property from before the marriage may remain separate. The same may be true of an inheritance, an individual gift, or certain money recovered in a personal injury case. Anyone making a separate-property claim will need clear and convincing evidence to support it, which is why deeds, account statements, inheritance documents, and other older records can matter.

How Is Property Divided in a Texas Divorce?

When dividing marital property, a Texas court looks for a result that is fair under the circumstances of that particular divorce. This does not always mean that each spouse receives exactly half.

There is no automatic 50-50 split. A judge may look at the financial position each spouse will be in after the divorce, including what each person can earn, their health, and the separate property they already own. The children’s needs and evidence of fault may also affect the decision. Everything from the house and vehicles to business interests and retirement earned during the marriage may need to be addressed.

James & Newberry helps clients identify the property involved, examine separate-property claims, and address division of the marital estate.

Temporary Orders During Divorce

Texas does not provide a formal legal-separation status. When spouses need court-ordered arrangements while a divorce is pending, either party may request temporary orders.

Temporary orders may address:

• Which spouse may remain in the home
• Temporary possession of vehicles and other property
• Payment of household expenses and debts
• Conservatorship and possession of children
• Temporary child support
• Temporary spousal support
• Preservation of property and financial records
• Attorney’s fees in qualifying circumstances

Temporary orders set the rules the spouses must follow while the divorce is open. They can later be changed, replaced by an agreement, or superseded by the final divorce decree.

It can help to prepare a monthly budget and make a list of the property, accounts, bills, and child-related expenses involved before requesting temporary orders.

Divorce Involving Children

When spouses have children together, the divorce must also address conservatorship, possession and access, child support, health coverage, and other parenting matters.

Texas courts use the best interests of the child as the primary consideration in deciding conservatorship and possession issues. The final order may identify each parent’s rights and responsibilities, establish a possession schedule, and explain how important decisions involving the child will be made.

Parents may reach an agreement on these issues, but the court must still determine whether the proposed terms meet the applicable legal requirements.

Alimony & Spousal Maintenance in Texas

“Alimony” is the familiar term, but Texas law generally calls court-ordered support after divorce spousal maintenance. Spouses may also negotiate contractual alimony in a divorce settlement. The two arrangements are not governed or enforced in exactly the same way.

Who May Qualify for Spousal Maintenance?

Spousal maintenance is not part of every Texas divorce. The person requesting it must first show that they will lack enough property after the divorce to provide for their minimum reasonable needs. An additional eligibility ground must also apply.

Depending on the facts, that ground may involve:

• A marriage lasting at least 10 years and an inability to earn enough income to meet minimum reasonable needs
• Certain family-violence convictions or deferred adjudications within the period established by law
• An incapacitating physical or mental disability affecting the requesting spouse
• Responsibility for a child of the marriage whose disability requires substantial care and personal supervision

A marriage lasting 10 years does not automatically make a spouse eligible. For a request based on the length of the marriage, the court generally considers whether the requesting spouse has exercised diligence in earning sufficient income or developing the skills needed to do so.

What Are Minimum Reasonable Needs?

The Texas Family Code does not assign one fixed amount to a person’s minimum reasonable needs. Courts examine the requesting spouse’s necessary expenses along with their income, earning capacity, and the property available after divorce.

Housing, utilities, food, transportation, clothing, and medical expenses may be among the costs considered. The analysis depends on the financial circumstances presented in the case.

How Much Can a Court Order?

Texas does not use one formula to establish the amount of spousal maintenance. The court considers factors identified by statute, which may include each spouse’s finances, education, employment history, earning ability, health, contributions during the marriage, and property received in the divorce.

Texas sets a ceiling on court-ordered maintenance. The court must use whichever figure is lower: $5,000 per month or one-fifth of the paying spouse’s average gross monthly income. This limit does not indicate what the court will actually award.

Those figures establish the statutory maximum. They do not predict whether maintenance will be ordered or what the payment will be.

How Long Can Spousal Maintenance Last?

In most cases, maintenance is meant to last only as long as the court finds necessary for the receiving spouse to become financially self-supporting. Texas law also places maximum time limits on many maintenance orders.

The maximum duration in many cases is:

• Up to five years for a marriage lasting at least 10 but fewer than 20 years
• Up to seven years for a marriage lasting at least 20 but fewer than 30 years
• Up to 10 years for a marriage lasting 30 years or longer

Maintenance based on qualifying family violence may be ordered for up to five years, including when the marriage lasted fewer than 10 years. Different duration rules may apply when eligibility is based on a disability affecting the receiving spouse or a child of the marriage.

When Does Spousal Maintenance End?

Future court-ordered maintenance ends when either former spouse dies or when the receiving spouse remarries.

Living with a new partner can also become an issue. The paying former spouse may ask the court to end maintenance and must prove at a hearing that the recipient is sharing a permanent home with someone they are dating. Ending future payments does not erase amounts that were already due.

Because contractual alimony can operate differently, the specific language of a proposed divorce agreement matters. Texas spousal-maintenance requirements are found in Chapter 8 of the Texas Family Code.