Divorce Laws in Texas: Most Important Things to Know

While marriage is meant to last a lifetime, there may come a point when you and your spouse decide to part ways. Divorce comes with its own set of legal and financial complexities, so understanding Texas divorce laws is key. These are the key aspects of divorce in the Lone Star State, so you can navigate the process as smoothly as possible.

Consulting a financial advisor can provide valuable guidance to help you prepare for your new financial future after your Texas divorce.

How to File for Divorce in Texas

Before filing for divorce, you must first understand how divorce laws in Texas work, including the state’s residency requirements and legal grounds for divorce.

Texas allows both no-fault and fault-based divorces, which can impact property division and other key rulings. The process also involves multiple legal steps, from filing the petition to finalizing the divorce decree.

Eligibility

To be eligible for divorce in Texas, at least one of the spouses must have been a continuous resident of the state for at least six months.

Additionally, you’ll have to file in a specific county within the state. To be eligible to file for divorce in a county in Texas, at least one spouse must have been a resident of that county for at least 90 days.

Grounds for Divorce in Texas

Texas permits no-fault divorces, meaning that a spouse seeking a divorce does not need to prove wrongdoing by the other party.

However, Texas courts do take fault into account when determining property division. If you are filing for divorce and have grounds for a fault-based claim, it may impact the outcome of asset distribution.

There are several legally recognized grounds for a fault divorce in Texas:

Adultery
Cruel treatment
Abandonment for at least one year
Incarceration for over a year
Confinement in a mental institution for over three years or living separately for at least three years

Process for a Divorce

The divorce process in Texas is fairly straightforward.

First, a spouse files with the court, and the other spouse is served with papers. The petitioner is the spouse who files with the court, and the other spouse is the respondent.

The petitioner has the option of getting a standard temporary restraining order to prevent both parties from disappearing assets before the court can divide them. It also requires both parties to act civilly toward each other.

From there, the respondent must file a response stating whether they agree with the divorce. The court will then issue rulings on matters like child custody, property division and outstanding debt.

After that, the spouses can engage in discovery if they believe they do not have all the facts. They can also try to settle the case at this point, either on their own or with the assistance of a divorce lawyer. If the spouses are unable to come to an agreement, the judge sets a trial date. However, the law first requires mediation for both parties before the trial begins.

After the trial concludes, an attorney prepares a Final Decree of Divorce for the judge to sign. This document will contain all of the rulings that the court has made.

How to Split Up Assets During a Divorce in Texas

A lawyer reviews divorce laws in Texas with their client.

In Texas, the courts presume that all property and income that either spouse obtained during the course of the marriage belongs equally to both spouses.

This equitable distribution means the state will divide the couple’s assets equally during the divorce process. However, the state will also evenly split all debts incurred during the marriage between the two spouses.

The judge will determine what is separate property, which is property belonging only to one spouse and not both. Property acquired before the marriage falls into this category.

A party to the divorce can also argue that certain property obtained during the marriage is separate property. For instance, one person could argue that a gift given specifically to them is not the property of that person’s spouse. However, the spouse must present clear evidence in order for something to be declared separate rather than community property.

In Texas, the court can distribute community property however it sees fit. It may consider factors like age, health and each spouse’s earning potential, as well as which spouse will be primarily responsible for caring for any children.

How to Divide Property in Texas After Divorce

You must also determine how to split assets. This includes not only financial assets but also physical assets such as houses, cars and jewelry.

Remember, all property acquired during the marriage is communal in Texas. For instance, cars purchased by one spouse during the marriage are still community property.

The court considers several factors when dividing property, such as:

Fault
Any benefits a spouse may lose if their ex is at faultDifferences in earning potential
Health of both parties
Age differences
Total size of the community estate
Size of each party’s separate estate
Any anticipated inheritance one party may receive
Gifts between spouses (if community gifts were used to purchase the gift, it is separate property)
Gifts from one party to a paramour (someone with whom a spouse is committing adultery)
The wasting of community funds by one party
Property holdings in jurisdictions outside of Texas
Child custody
Spousal support during the divorce proceedings

Parties can agree to property division during mediation. Otherwise, the court makes these decisions.

How to Manage Child Support and Alimony Under Texas Divorce Laws

Both child support and alimony could be part of a divorce settlement in Texas. The court can order the noncustodial parent to pay a percentage of their assets.

The guidelines for the child support level determine the percentage of net resources based on the number of children:

One child: 20%
Two children: 25%
Three children: 30%
Four children: 35%
Five children: 40%

For alimony, Texas allows the court to order spousal support when one spouse will not have enough assets to support themselves. Additionally, at least one of these conditions must be met:

Family violence convictions
Spouse receiving alimony has a physical or mental disability
Marriage lasted at least 10 years and the spouse seeking support is unable to earn a basic income to support themselves
Spouse receiving alimony has custody of a child from the marriage who needs special care or supervision due to a mental or physical disability

Remember that you will need to consider both child support and alimony when you file taxes after divorce.

401(k) and IRA Plans and Divorce in Texas

Many people use a workplace retirement plan, such as a 401(k) or a personal plan like an IRA to save for retirement. This can cause some stress, though, if a couple ends up divorcing. If the couple planned to fund their retirement together with these types of retirement plans, both parties now have to figure out how to distribute the plan to fund two separate retirements.

Community property accumulated during the marriage includes retirement savings. This means that even if only one spouse contributed their salary toward a 401(k) or IRA during the marriage, any funds deposited into the account, and any gains made from those investments, are eligible to be divided between both spouses.

Retirement savings won’t be split 50/50 automatically, though. The exact split is decided either in mediation between the two parties or by a judge during the divorce trial.

After your retirement plan assets are divided, you’ll need to send a Qualified Domestic Relations Order (QDRO) to your plan administrator. This outlines the court’s decision on the division of the retirement plan.

Divorce and Estate Planning in Texas

Even if you are still young, it is a good idea to have an estate plan in place in case the unexpected happens. This is especially true once you have kids, as they’ll need to be provided for after you die. Divorced couples often need to rethink their estate and legacy plans.

There are a few things to keep in mind in terms of estate planning when you are going through a divorce in Texas:

If you inherit property while your divorce is pending, it is considered separate property. Therefore, it is not subject to court rules on community property. This means that the beach house on the Gulf of Mexico that you inherit from your grandmother does not have to be split with your ex-spouse if received during your divorce proceedings.
Your ex-spouse and any relatives of your ex-spouse are no longer considered your survivors unless you expressly state so in your will.
Determine guardianship and make the necessary modifications for any trusts you have set up for your children. Your divorce may impact those plans.

Tax Considerations After a Texas Divorce

Divorce in Texas can change how former spouses file and pay taxes going forward.

Once a divorce is finalized, each person must file their own return using a new filing status based on household circumstances. This shift can affect tax brackets, tax credits tied to dependents and eligibility for certain deductions, particularly in households with children or uneven incomes.

Texas community property rules also affect how income is reported in the year of divorce. Income earned before the divorce is final may still be treated as community income, even if the spouses live apart. This may require allocating wages, investment income or business earnings between spouses on separate returns, depending on timing and court orders.

Property transfers made under a divorce decree generally do not trigger immediate federal income tax. Assets such as homes, brokerage accounts or business interests usually transfer at carryover basis, meaning the recipient assumes the original cost basis. Taxes may apply later if the asset is sold, which can influence the long-term financial impact of the division.

Support payments carry their own tax treatment. Child support does not count as income for the recipient and is not deductible by the payer. Spousal maintenance ordered under current law does not create a deduction or taxable income.

These rules affect post-divorce cash flow and can influence how settlements are structured and reviewed.

Bottom Line

A couple going through mediation during divorce proceedings in Texas.

Texas follows a no-fault divorce system, meaning neither spouse is required to prove wrongdoing to obtain a divorce. However, fault may still be considered when determining the division of assets. In Texas, community property laws dictate that most assets acquired during the marriage are jointly owned, regardless of which spouse earned them. This includes income earned by either party throughout the marriage, even if one spouse had significantly higher earnings. Certain exceptions may apply, but in general, all marital assets are subject to division during divorce proceedings.

Financial Planning Tips

If you are in the midst of a divorce, you may want to hire a financial advisor to help you sort out your financial life. SmartAsset’s free tool matches you with financial advisors who serve your area, and you can interview your advisor matches at no cost to decide which one is right for you. If you’re ready to find an advisor who can help you achieve your financial goals, get started now.
Dividing up your 401(k) can be a tough part of a divorce because you don’t know exactly how much it will be worth as you approach retirement. Gain some insight with our 401(k) calculator.