Texas Divorce Laws

Going through a divorce is never easy, and if you're reading this, you're probably facing one of the most challenging times in your life. But if you get deep into the Texas divorce laws can make this difficult journey a little less overwhelming. Whether you're wondering how to file for divorce in Texas without a lawyer or trying to figure out if your common law marriage requires a divorce, I've got you covered.

Let me walk you through everything you need to know about divorce laws in Texas, in plain English that actually makes sense.

What Makes Texas Divorce Laws Different?

Texas has some pretty unique rules when it comes to divorce. Unlike many states, Texas recognizes common law marriage (also called informal marriage), follows community property laws, and offers both no-fault and fault-based divorce options. These state of Texas divorce laws can significantly impact your situation, so let's break them down.

The most important thing to understand upfront? Texas requires a 60-day waiting period before any divorce can be finalized. This isn't just bureaucratic red tape, it's the law, and there's no way around it (except in cases involving family violence).

How to File for Divorce in Texas Without a Lawyer

Many people ask me, "Can I really handle my own divorce?" The honest answer is: it depends. If you and your spouse agree on everything and don't have complicated assets or custody issues, filing for divorce without a Texas divorce lawyer is absolutely possible.

Here's what you need to know about going the DIY route:

When Self-Filing Makes Sense

You might be able to handle your divorce without an attorney if:

• You and your spouse agree on all major issues
• You don't have minor children together
• You don't own significant property or have complex finances
• Neither of you is seeking spousal support
• There's no history of domestic violence

The Step-by-Step Process

Step 1: Meet the Residency Requirements Before you can file, either you or your spouse must have lived in Texas for at least six months. Plus, one of you needs to have lived in the county where you're filing for at least 90 days. These aren't suggestions; they're hard requirements under Texas family code.

Step 2: Gather Your Paperwork You'll need several forms, including:

• Original Petition for Divorce
• Civil Case Information Sheet
• Final Decree of Divorce

The good news? Texas has made this easier with free resources. TexasLawHelp.org has fantastic toolkits that walk you through everything step by step.

Step 3: File and Serve Once you file your petition, you must officially "serve" your spouse with the divorce papers. You can't just hand them over yourself Texas law requires that a constable, sheriff, or other authorized person deliver them.

Step 4: Wait It Out Remember that 60-day waiting period I mentioned? This is where it comes into play. Even if you and your spouse are in complete agreement, you'll need to wait at least 60 days from filing before the divorce can be finalized.

Step 5: Finalize Everything You'll need a final hearing (sometimes called a "prove-up") where a judge reviews your agreement and signs off on your divorce decree.

Understanding Common Law Divorce in Texas

Here's where things get interesting and where a lot of people get confused. Does common law marriage require a divorce in Texas? The short answer is yes, absolutely.

What Exactly Is Common Law Marriage?

In Texas, you can be legally married without ever having a wedding ceremony or getting a marriage license. Sounds crazy, right? But it's true. To have a valid common law marriage (or "informal marriage" as Texas calls it), you need three things:

• Agreement to be married Both of you must agree that you're married
• Living together You must cohabitate in Texas as husband and wife
• Holding out You must present yourselves to others as a married couple

The Declaration of Informal Marriage

If you want to make things official, you can file a declaration of informal marriage with your county clerk. This document carries the same legal weight as a marriage license and makes proving your marriage much easier down the road.

Common Law Divorce Requirements

If you're in a common law marriage and want to end it, you need a legal divorce just like any other married couple. There's no such thing as "common law divorce" where you can just walk away.

Here's the tricky part: if you separate from your common law spouse and don't file for divorce within two years, Texas law presumes you were never married in the first place. This can create serious problems if you later want to claim spousal rights or divide property.

What Are the Divorce Laws in Texas? The Complete Picture

Texas divorce laws are built around several key principles that affect every aspect of your case.

No-Fault vs. Fault-Based Divorce

No-Fault Divorce (The Most Common Option Most people in Texas file for divorce based on "insupportability," which basically means the marriage is broken beyond repair. You don't need to prove anyone did anything wrong you just need to convince the judge that you can't work things out.

Fault-Based Divorce Texas still allows fault-based divorce, where you blame your spouse for the marriage breakdown. The fault grounds include:

• Adultery
• Cruelty (physical or mental)
• Felony conviction
• Abandonment for at least one year
• Living apart for at least three years
• Confinement in a mental hospital for at least three years

Why would you choose fault over no-fault? Sometimes proving fault can affect property division or spousal support, but it also makes your divorce more expensive and time-consuming.

Community Property: What's Yours, Mine, and Ours

Texas is a community property state, which means most property acquired during marriage belongs equally to both spouses. This includes:

• Income from either spouse's job
• Real estate bought during the marriage
• Retirement accounts and pensions
• Business interests
• Even debt accumulated during marriage

Separate Property stays with the original owner:

• Property owned before marriage
• Gifts and inheritances
• Personal injury settlements

Child Custody and Support

When minor children are involved, Texas courts focus on one thing: the best interests of the child. The court will consider factors like:

• Each parent's ability to provide a stable home
• The child's physical and emotional needs
• Any history of family violence
• The child's preference (if they're old enough)

Child support follows state guidelines based on the paying parent's income and the number of children.

The Real Cost of Divorce in Texas

Let's talk about money, because divorce costs add up quickly. If you're wondering whether to hire a family law attorney or go it alone, here's what you're looking at:

DIY Divorce Costs:

• Filing fees: $250-$400 (varies by county)
• Service fees: $50-$150
• Certified copies: $10-$20 each

Attorney-Assisted Divorce:

• Simple uncontested divorce: $1,500-$5,000
• Contested divorce: $10,000-$50,000+
• Complex property/custody cases: $50,000+

If money's tight, you might qualify for fee waivers. Texas courts can waive filing fees if you meet certain income requirements.

Temporary Orders: Protecting Yourself During the Process

Once you file for divorce, you're in legal limbo until it's finalized. Temporary orders can address immediate concerns like:

• Who stays in the family home
• Temporary child custody arrangements
• Spousal support during the proceedings
• Payment of bills and expenses

These orders are crucial they provide structure and prevent either spouse from making drastic changes that could harm the other party or the children.

Special Situations You Should Know About

Military Divorces

If you or your spouse serves in the military, special rules apply. The Servicemembers Civil Relief Act provides additional protections, and military benefits require careful consideration during property division.

High-Asset Divorces

If you have significant wealth, business interests, or complex investments, you'll likely need specialized help. These cases often involve:

• Business valuations
• Forensic accounting
• Tax implications
• Retirement plan divisions

Domestic Violence Cases

If there's a history of family violence, your safety comes first. Texas law provides expedited procedures and protective orders to keep victims safe during divorce proceedings.

Common Mistakes to Avoid

I've seen people make the same mistakes over and over again. Here's what to avoid:

Don't hide assets. Texas courts take a dim view of spouses who try to conceal property or income. If you're caught, you could lose more than you were trying to protect.

Don't use your kids as messengers. Keep children out of the divorce proceedings as much as possible. They're dealing with enough already.

Don't make major financial decisions alone. Moving money, selling property, or taking on new debt can come back to haunt you.

Don't ignore court orders. Violating temporary orders can result in contempt of court charges and hurt your case.

When You Really Need a Lawyer

While some divorces can be handled without an attorney, certain situations absolutely require professional help:

• Your spouse has hired a lawyer
• There are significant assets or debts to divide
• Child custody is disputed
• There's a history of domestic violence
• Your spouse is hiding assets
• The case involves complex legal issues

Remember, even if you start representing yourself, you can always hire an attorney later if things get complicated.

Resources That Actually Help

Free Legal Help:

• TexasLawHelp.org (fantastic forms and guidance)
• Texas State Law Library (comprehensive guides)
• Local legal aid organizations
• County clerk self-help centers

Online Filing:

• eFileTexas.gov (electronic filing system)
• Many counties offer online divorce filing

Looking Ahead: Changes in Texas Divorce Laws

Texas divorce laws continue to evolve. Recent legislative sessions have strengthened child support enforcement and updated discovery procedures. There's also ongoing discussion about potentially restricting no-fault divorce, though no major changes have been implemented yet.

The Bottom Line

Divorce in Texas doesn't have to be a complete mystery. Whether you're dealing with a simple uncontested divorce or a complex case involving informal marriages and significant assets, understanding your options is the first step.

Key Takeaways:

• You can file for divorce in Texas without a lawyer if your case is straightforward
• Common law marriages require formal divorce proceedings
• Texas is a community property state
• There's always a 60-day waiting period
• When in doubt, consult with a family law attorney

Remember, every divorce is different. What works for your neighbor might not work for you. Take time to understand your specific situation, gather the information you need, and don't be afraid to ask for help when you need it.

Going through a divorce is tough enough without having to navigate confusing legal procedures alone. But with the right information and resources, you can protect your rights and move forward with confidence.

If you're still feeling overwhelmed, consider scheduling a consultation with a Texas divorce lawyer. Many attorneys offer free or low-cost initial consultations where you can get personalized advice about your situation. Sometimes that peace of mind is worth the investment, even if you ultimately decide to handle things yourself.

Whatever path you choose, remember that this difficult chapter in your life will eventually close, and you'll be able to move forward. Understanding Texas divorce laws is just the first step in that journey.