Texas law refers to divorce as "dissolution of marriage" and recognizes both fault and no-fault grounds. The primary no-fault ground is insupportability, meaning the marriage has become insupportable because of discord or conflict of personalities that destroys the legitimate ends of the marital relationship and prevents any reasonable expectation of reconciliation. Fault grounds include cruelty, adultery, abandonment, conviction of a felony with imprisonment, living apart by agreement for more than three years, and confinement in a mental health facility. Texas Family Code § 6.001 specifies all grounds.
File an Original Petition for Dissolution of Marriage in the district court of the county where either spouse resides. The petition must contain the grounds for dissolution, information about minor children, spousal and child support requests, and property division matters. Service on the respondent is required according to Texas Rules of Civil Procedure unless the respondent has been waived.
At least one spouse must have been domiciled in Texas for the preceding six months and in the filing county for the preceding 90 days. There is an exception if the respondent is a resident of the state or was married in Texas and has not been absent for more than two years, in which case the six-month residency requirement is waived.
Texas is a community property state, meaning property acquired during the marriage is presumed to be community property subject to division upon dissolution of marriage. Community property is divided on a just and right basis, which does not necessarily mean equal division but takes into account the rights of each party and the best interests of any children. Texas Family Code § 3.001 defines community property as property acquired during the marriage.
Separate property includes property owned before the marriage, property acquired after the effective date of dissolution, and property received as a gift or inheritance. All other property is presumed to be community property unless proven otherwise. Each spouse may manage and control their community property separately or jointly.
The court considers the nature of the property, the disparity between the spouses' earning capacities, whether either party has prior marriages and support obligations, the parties' capacities and abilities, and any fraud or wrongdoing in the acquisition of the property. The goal is to effect a division that is just and right, not necessarily equal.
Texas law does not use the term "custody." Instead, it establishes "conservatorships" defining which parent has the right to make decisions about the child. The parent with decision-making authority is the "managing conservator," while the other parent is typically the "possessory conservator" with visitation rights. A court may also appoint both parents as joint managing conservators if it serves the child's best interest.
Texas courts apply the best interest standard considering the child's wishes if the child is sufficiently mature to express a preference, the stability of each home, the involvement of each parent in the child's life, the child's adjustment to school and community, the relationship between the child and each parent, and the ability of each parent to encourage a relationship with the other parent.
Texas provides a Standard Possession Order that specifies the possessory conservator's specific periods of possession including weekends, holidays, school breaks, and summer vacation. A managing conservator may have the exclusive right to determine the child's primary residence and may restrict the possessory conservator's access unless the court orders otherwise.
The Standard Possession Order is a statutory schedule that determines the possessory conservator's time with the child, including alternating weekends, certain weekdays, holidays, and summer weeks. This schedule serves as the default arrangement unless the parents agree to a different arrangement or the court finds Standard Possession Order would not serve the child's best interest.
You must meet the residency requirement of six months in Texas and 90 days in the filing county before filing. Once you file, a mandatory 60-day waiting period must pass before the court can grant the dissolution decree, except in cases involving documented family violence.
Property acquired during the marriage is presumed community property and is divided on a just and right basis, which may or may not be 50/50. The court considers each party's earning capacity, the nature of the property, the length of the marriage, and other relevant factors to determine a fair division.
The managing conservator has the right to make major decisions about the child's upbringing, education, and health care. The possessory conservator has the right to visitation and possession of the child according to the Standard Possession Order or a court-ordered schedule. Both parents can be joint managing conservators.