Divorce Laws in Texas

Divorce is rarely just a legal process. It touches every part of your life – where you live, how you parent, and what your finances look like going forward. Before the paperwork, before the court dates, most people simply want to understand what they’re facing and whether they have someone in their corner.

Attorney Anita K. Cutrer founded Cutrer Law Group to provide exactly that – clear-headed, strategic legal representation for individuals and families going through divorce in Texas. Whether your situation is straightforward or deeply complicated, the goal is the same: protect what matters most and help you move forward with clarity.

Starting a Divorce in Texas

Before filing, it helps to understand a few foundational requirements that apply to every Texas divorce.

Residency Requirements

To file for divorce in Texas, at least one spouse must have lived in the state for six months and in the county where the petition is filed for at least 90 days. Only the filing spouse needs to meet these requirements.

Grounds for Divorce

Texas is a no-fault divorce state. The most common ground is “insupportability” – meaning the marriage has become unsustainable due to conflict or irreconcilable differences. One spouse can file even if the other does not agree to the divorce.

Fault-based grounds such as adultery, cruelty, or abandonment may also be raised and can influence how the court divides property.

The Texas Divorce Process

Most Texas divorces follow a structured sequence, though timelines and complexity vary based on whether the case is contested.

Step 1 – Filing the Petition

The process begins when one spouse files an Original Petition for Divorce with the appropriate county court. The other spouse is then formally served with notice.

Step 2 – The 60-Day Waiting Period

Texas law requires a mandatory 60-day waiting period after the petition is filed before a divorce can be finalized. Limited exceptions exist in cases involving family violence.

Step 3 – Temporary Orders

When immediate decisions are needed about the home, finances, or children during the case, either party may request temporary orders. These early rulings can shape the tone of the entire proceeding, and how they’re handled matters.

Temporary orders may address:

Temporary conservatorship of children
Temporary child support
Exclusive use of the marital residence
Payment of ongoing bills and expenses

Step 4 – Negotiation and Mediation

The majority of Texas divorces are resolved through negotiated settlement rather than trial. Courts frequently require mediation before a case proceeds to a hearing, giving both parties a structured opportunity to reach an agreement with the help of a neutral third party.

Step 5 – Final Decree of Divorce

When an agreement is reached, it is formalized in a Final Decree of Divorce. If the parties cannot agree on any remaining issues, the court decides what remains unresolved.

Types of Divorce Cases We Handle

Uncontested Divorce

When both spouses agree on all major issues – property division, parenting arrangements, child support, and other financial matters – an uncontested divorce can move more efficiently through the process.

Even so, the final decree must be carefully drafted. Vague or incomplete language around property transfers, retirement accounts, and parenting schedules often leads to disputes down the road. Getting it right the first time matters.

Contested Divorce

When a disagreement exists over property, parenting, or financial support, the case becomes contested. These matters require thorough preparation, detailed financial documentation, and steady strategic advocacy throughout the process to ensure your rights are protected and a fair resolution is achieved.

High-Asset and Complex Divorce

When the marital estate includes businesses, multiple properties, retirement accounts, or complex income structures, divorce requires careful asset identification and a disciplined legal strategy from the start.

High-asset divorces often involve detailed financial analysis to identify, categorize, and value marital property. Business interests, professional practices, stock options, deferred compensation, and investment portfolios may each require independent professional valuation. In some cases, forensic accountants are brought in to review financial records and clarify the structure of assets or income streams.

Property Division in Texas

Property division is often the most financially significant part of a Texas divorce. Texas courts divide the community estate in a manner that is “just and right” – which does not automatically mean equal.

Texas is a community property state. Most assets acquired during the marriage are presumed to belong to both spouses. Separate property – assets owned before marriage or acquired by gift or inheritance – is not subject to division, but it must be proven with clear records. Commingled assets require careful documentation to trace.

Common property issues in Texas divorce include:

The marital home
Retirement accounts (401(k), IRA, pensions)
Brokerage and investment accounts
Business ownership interests
Debts and liabilities

Divorce Involving Children

When minor children are involved, the case must address both legal rights and parenting time – with the child’s stability and best interests guiding every decision.

Texas courts focus on establishing a clear, workable framework that minimizes conflict and supports the child’s day-to-day life. When parents reach thoughtful agreements early, it reduces disruption for children and typically allows the case to move toward resolution more efficiently.

Conservatorship (Legal Decision-Making Rights)

Conservatorship in Texas refers to the legal rights and responsibilities each parent holds regarding the child – including authority over decisions about education, medical care, and general welfare.

Courts frequently appoint both parents as Joint Managing Conservators, meaning they share many parental rights and duties. However, depending on the circumstances, the court may assign one parent the exclusive right to make certain decisions.

Possession and Access (The Parenting Schedule)

Possession and access govern when each parent spends time with the child. Texas courts often begin with the Standard Possession Order as a framework – covering typical weekends, holidays, and summer schedules – but parenting plans are regularly tailored to the child’s needs, each parent’s work schedule, and the practical realities of the family.

The Best Interest of the Child Standard

Every parenting decision in Texas must align with the “best interest of the child” standard. Courts examine a range of factors, including the child’s physical and emotional needs, each parent’s home environment, the stability each parent can provide, the child’s existing relationships with each parent, and any history of conflict or safety concerns.

Child Custody in Texas

In Texas, what many people refer to as child custody is addressed through two distinct legal concepts: conservatorship and possession. Courts evaluate each family individually, considering school performance, family relationships, daily routines, and each parent’s demonstrated involvement in the child’s life.

The goal is a structure that provides consistency for the child while preserving a meaningful relationship with both parents when possible.

Courts typically address:

Legal decision-making authority
Possession and access schedules
Geographic restrictions on where the child can be relocated
Each parent’s rights and duties under the Texas Family Code

Child Support in Texas

Texas follows statutory child support guidelines calculated primarily on the obligor’s net resources and the number of children being supported. Courts may consider additional factors to determine whether guideline support is appropriate in a given case.

Understanding how child support is calculated – including guideline percentages, income caps, and enforcement mechanisms – is important when evaluating your financial obligations and planning for the future.

Spousal Maintenance (Alimony) in Texas

Spousal maintenance in Texas is not automatic, and it is more limited than in many other states. Eligibility depends on specific statutory requirements, including:

Length of the marriage
Whether the spouse seeking support can meet their minimum reasonable needs
Disability of a spouse or child
A finding of family violence

While many states use the term “alimony,” Texas law uses “spousal maintenance” – but the purpose is similar: to provide temporary financial support to a spouse who cannot independently meet reasonable needs following divorce.

Courts evaluate each spouse’s earning capacity, employment history, education, and contributions to the marriage – including time spent caring for children or supporting the other spouse’s career. Even when eligibility exists, Texas law limits both the amount and duration of any award. Many cases are resolved through negotiated agreements rather than court-ordered payments.

Frequently Asked Questions

How long does a divorce take in Texas?

Texas requires a minimum 60-day waiting period after the petition is filed. Many cases take longer depending on the complexity of property issues, custody arrangements, and whether the parties reach resolution through mediation or require a court hearing.

Do both spouses have to agree to get divorced?

No. Texas allows a no-fault divorce based on “insupportability,” meaning the marriage can no longer continue due to conflict or differences. One spouse can file and proceed even without the other’s agreement.

How is property divided in a Texas divorce?

Texas is a community property state. Assets acquired during the marriage are generally treated as marital property. Courts divide the community estate in a manner that is “just and right,” which may or may not result in an equal split depending on the circumstances.

Can child custody orders be changed after the divorce?

Yes. Custody and support orders can be modified if there has been a material and substantial change in circumstances since the original order was entered. A court will evaluate whether the requested modification is in the child’s best interests.

Schedule a Consultation with Anita K. Cutrer

Divorce decisions affect your property rights, your parenting time, and your financial stability long after the decree is signed. The earlier you get clear guidance, the more options you typically have.

Call 817-422-5455 to schedule a confidential consultation with a member of the Cutrer Law Group team.