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Divorce Laws in Texas

What is Divorce Laws in Texas

Divorce is the process of dissolving or terminating a marital union. In Texas, every marriage is considered valid unless dissolved according to state laws. After Texas became part of the United States, the 1845 Constitution of the State of Texas was enacted, and it prevented the legislature from granting divorce automatically.

All Divorces in Texas are undertaken according to the provisions of the state's divorce laws contained in Chapter 6, Subtitle C of the Texas Family Code. The 75th Texas legislature of 1997 amended the Family Code by adding reasons for divorce to the statutes. Nevertheless, Texas allows married people to petition for divorce without proving that their marital conditions are unfavorable. The Texas Supreme Court approved amendments to the Texas Family Code in August 2020, which became effective on January 1, 2021. It requires divorce petitioners to disclose specific documents to their spouses before presenting them in court during a divorce trial, including:

  • Real estate documents
  • Documents containing their retirement, pension, and profit-sharing information
  • Liability, casualty, health, and life insurance documents
  • Bank account statements
  • Names of persons who will testify on behalf of the petitioner during the trial
  • Income tax returns for the two years preceding the petition and the petitioner's two most recent payroll check stubs, if spousal or child support is required

Texas Divorce Requirements or Grounds for Divorce in Texas

In Texas, a spouse in a marriage can petition a District Court for a divorce. According to the provisions of Subtitle C, Chapter 6 of the Texas Family Code, a District Court may grant a divorce for any of the following reasons:

  • Cruelty: If the spouse petitioning for divorce was maltreated by the other party.
  • Insupportability: If a marriage can no longer be sustained due to irreconcilable conflict of personalities.
  • Felony: If the other party was:
    • Convicted of a felony
    • Imprisoned for up to a year in a federal penitentiary or a Texas Department of Criminal Justice penitentiary and has not been pardoned
  • Adultery: If the other party committed adultery.
  • Living apart: If both parties have lived apart for up to three years.
  • Abandonment: If the other spouse abandoned the petitioner and remained away for up to one year.
  • Confinement in a mental institution: If:
    • The other spouse is confined in a mental institution for up to 3 years
    • The other spouse confined in a mental institution is unlikely to recover or could relapse after recovery

Texas Marital Property Laws or Property Division Law in Texas

The provisions of Subtitle B, Chapter 3 of the Texas Family Code contain the state's laws on marital property rights. According to this statute, a spouse's separate property includes:

  • Any property a spouse owned before marriage
  • Any property a spouse acquired during their marriage by gift or inheritance
  • Any property a spouse recovered for personal injury during the marriage, except compensation for loss of earning capacity

The provisions of Section 3.002, Chapter 3(A) of the Texas Family Code define community property in marriage as any property acquired by either spouse during marriage, excluding separate property. Therefore, property owned by either spouse during the dissolution of a marriage in Texas is regarded as community property. Texas marital property law does not specify how community property should be distributed after marriage.

Section 7.001, Chapter 7 of the Texas Family Code authorizes the District Court granting a divorce to divide marital property among parties in a manner it deems fit. This must be based on each party's rights and interests of children from the marriage.

Texas Alimony Laws

Texas alimony laws are contained in Chapter 8, Subtitle C of the Texas Family Code. The provisions of this statute permit any District Court granting a divorce to order either party to give the other spouse financial support if:

  • The spouse seeking support will have insufficient property after the divorce for basic needs
  • The spouse to pay support is convicted of criminal family violence against the other party during the marriage as stipulated in Section 8.051, Subchapter (A) of the Texas Family Code, if:
    • The offense was committed within two years preceding the date the divorce petition was filed
    • The spouse requesting support is physically or mentally disabled and is unable to earn sufficient income for their basic needs
    • The spouse requesting support is the custodian of a child from the marriage and is unable to earn enough income to provide for the child due to a mental or physical disability

Alimony vs Spousal Support in Texas

Alimony and spousal support have a similar meaning. They refer to the financial support that a court orders a party in a divorce lawsuit to give their spouse after the divorce. The provisions of Chapter 8, Subtitle C of the Texas Family Code refer to such support as spousal support. Alimony is an older term often associated with men providing financial support to women. On the other hand, spousal support can be given by either a man or a woman to their spouse.

Child Support Laws in Texas

Texas child support laws are contained in Chapter 154, Subchapter A of the Texas Family Code. Under this law, a District Court may order either party in a divorce lawsuit to pay child support to the spouse in the custody of a child from the marriage:

  • Until the child reaches 18 years of age or graduates from high school
  • Until the child dies
  • Indefinitely, if the child is disabled
  • Until the child is emancipated by court order or marriage

If a child is placed under substitute care by the Texas Department of Family and Protective Services (DFPS), the court may order each financially able parent to pay child support until the child is adopted.

Child Custody Laws in Texas

Texas child custody laws are contained in Chapter 153 Subchapter A of the Texas Family Code. Under this law, a District Court granting a divorce may give either or both parties in a divorce lawsuit custody of a child from the marriage. Courts do not discriminate based on a parent's gender or marital status and primarily consider a child's interest when assigning custody for them.

As stipulated in Section 153.004(b) of the Texas Family Code, a court will not grant joint custody to both parents if there is evidence of child neglect or abuse by a parent. In that case, the non-offending spouse will be given primary custody of the child. Per Section 153.006 of the Texas Family Code, the court must state the times and conditions for the non-custodial parent to see the child.

Annulment in Texas

An annulment occurs when a court decides that a marriage is invalid because of reasons that existed at the beginning of the marriage. Texas annulment laws are contained in Chapter 6 Subchapter B of the Texas Family Code. This law provides several reasons for marriage annulment, including:

  • Age: A District Court could grant a marriage annulment if a spouse was up to 16 years but under 18 years when the marriage occurred and did not get parental consent or court approval. A friend, parent, or court-assigned guardian of the underage spouse can petition a court for marriage annulment due to age. However, such a petition cannot be filed after the spouse turns 18.
  • Alcohol or narcotics intoxication: As stipulated in Section 6.105 of the Texas Family Code, a District Court may grant an annulment if a petitioner was under the influence of alcohol or narcotics during their marriage and did not willingly reside with their spouse after the intoxication ended.
  • Impotence: A District Court may grant a marriage annulment if either spouse was permanently impotent due to physical or mental reasons during the marriage and the petitioner was unaware of it.
  • Fraud or duress: A District Court could grant an annulment if a petitioner was forced or deceived into marriage by their spouse and did not willingly reside with them after learning of the fraud or release from duress.
  • Mental incapacity: A District Court may grant a marriage annulment if a spouse suffers a mental disability and does not have the mental capacity to consent to the marriage. The spouse with the defect can be represented in court by their guardian or friend.
  • Concealed divorce: As stipulated in Section 6.109 of the Texas Family Code, a District Court could grant a marriage annulment to a petitioner if they were unaware that their spouse was divorced from another person within the 30 days preceding their marriage. Per Section Section 6.109(3) of the Texas Family Code, a divorce petition cannot be filed because of a concealed divorce after a marriage reaches one year.
  • Marriage less than 72 hours of license issuance: A District Court could grant marriage annulment if a marriage ceremony took place within hours after the couple obtained their marriage license as provided in Section 2.204 of the Texas Family Code.

Legal Separation in Texas

A legal separation is an agreement recognized by a court in which a couple remains married but is pursuing a divorce. The Texas Statutes does not contain a provision for legal separation. Therefore, couples are not legally required to be separated before getting a divorce.