The divorce process is filled with its fair share of trials and tribulations. You first must come to the decision that divorce is you and your spouse’s best option, followed by hiring an experienced divorce attorney to represent you. Finally, you will have to make difficult decisions about your future.

When children are involved, emotions often complicate matters. Not only will your parenting arrangements change, but you will also be subject to receiving or paying child support. Many parents find the co-parenting adjustment to be the most difficult part of divorce as it differs significantly from what they have done since their child was born. Understanding how child custody, or conservatorship, works in Texas is important for preparing yourself for the custody determination process.

Divorce is very common these days. Approximately 40 to 50 percent of married couples in the United States end up getting divorced, and the rate of divorce is even higher for subsequent marriages. Even if it is mutual between both partners, the divorce process can be difficult for everyone, especially if children are involved. Many factors need to be considered, including property division, alimony, child custody and visitation, child support, and more. The entire process can take several months and should be done with the assistance of a knowledgeable divorce attorney who can help you understand the complex legal requirements that must be met.

Texas Divorce Laws

To file for divorce in Texas, the law states that either spouse must have been a resident of the state for at least six months prior to filing, and they must have resided in the county where the petition for divorce is filed for the prior 90 days. Unlike some other states, spouses do not need to be officially “separated” for a certain period of time before filing for divorce. In addition to allowing for “no-fault” divorce based on the insupportability of the marriage, Texas grants divorces based on the following fault-based grounds: adultery, cruelty (abuse), felony conviction, and abandonment.

Texas is a community property state. This means that all property acquired during the marriage is equally owned by both spouses, and therefore, this property should be equally divided in the event of a divorce. However, if one spouse is at fault for the breakup of the marriage, the court may take that into consideration when determining how to divide the couple's property.