Question 1

What are the residency requirements for divorce in Texas?

Accepted Answer

To file for divorce in Texas, you or your spouse must have been a resident of Texas for at least 6 months immediately before filing, and a resident of the county where you're filing for at least 90 days. These residency requirements are jurisdictional—meaning the court has no authority to grant a divorce unless they're met. If you don't meet the residency requirements, you must wait until you do. Active-duty military members stationed in Texas may also meet residency requirements if they've been stationed in Texas for 6 months and in the county for 90 days. If your spouse lives in Texas and meets residency requirements, they can file even if you don't meet them.

Question 2

What are the grounds for divorce in Texas?

Accepted Answer

Texas recognizes both no-fault and fault-based grounds for divorce. The most common is no-fault divorce based on insupportability, which means the marriage has become insupportable due to discord or conflict that destroys the legitimate ends of the marriage with no reasonable expectation of reconciliation. Fault-based grounds include: cruelty (inflicting physical or emotional suffering making continued marriage insupportable), adultery (voluntary sexual intercourse with someone other than your spouse), conviction of a felony (imprisonment for at least 1 year with no pardon), abandonment (leaving with intent to abandon and remaining away for at least 1 year), living apart (living separately without cohabitation for at least 3 years), and confinement in a mental hospital (for at least 3 years with little likelihood of improvement). Most divorces are filed as no-fault to avoid the time and expense of proving fault.

Question 3

How long does a divorce take in Texas?

Accepted Answer

Texas has a mandatory 60-day waiting period from the date the divorce petition is filed until the divorce can be finalized. This means no divorce can be granted in less than 60 days, even if both parties agree on everything. For uncontested divorces where both parties agree on all terms (property division, child custody, support), the divorce can be finalized shortly after the 60-day waiting period, often within 2-4 months total. Contested divorces where parties disagree on major issues can take 6 months to over a year, depending on complexity, court availability, discovery needs, and whether trial is necessary. High-conflict cases involving complex property division, business valuations, or contested custody can take even longer.

Question 4

What is community property in Texas?

Accepted Answer

Texas is a community property state, which means all property acquired during the marriage (with some exceptions) is owned equally by both spouses, regardless of whose name is on the title. Community property includes: wages and income earned during marriage, property purchased with community funds, retirement benefits and pensions earned during marriage, investment gains on community property, and business interests acquired or increased in value during marriage. Separate property includes: property owned before marriage, property acquired during marriage by gift or inheritance, recovery for personal injuries (except lost wages), and property designated as separate by agreement. Upon divorce, community property is divided in a just and right manner, which doesn't always mean 50/50. Separate property remains with the spouse who owns it. Proving property is separate requires clear and convincing evidence—without proof, property is presumed to be community.

Question 5

Can I get alimony or spousal support in Texas?

Accepted Answer

Yes, but Texas has strict requirements for court-ordered spousal maintenance (alimony). Under Texas Family Code § 8.051, you may be eligible if: the marriage lasted at least 10 years and you lack sufficient property or ability to meet minimum reasonable needs, your spouse was convicted of or received deferred adjudication for family violence within 2 years of filing, you have a disability that prevents self-support, or you're the custodian of a child with a disability requiring substantial care. Even if eligible, maintenance is limited in both amount and duration. Maximum monthly amount is the lesser of $5,000 or 20% of spouse's average monthly gross income. Duration limits: marriages of 10-20 years (5 years maximum maintenance), 20-30 years (7 years maximum), 30+ years (10 years maximum). Parties can also agree to contractual alimony with different terms, which is separate from court-ordered maintenance and enforceable as a contract rather than a court order.

Question 6

How are retirement accounts divided in a Texas divorce?

Accepted Answer

Retirement accounts earned during marriage are community property in Texas and subject to division in divorce. This includes 401(k) plans, IRAs, pensions, military retirement, and government retirement benefits. Only the portion earned during the marriage is community property—any portion earned before marriage or after separation is separate property. To divide retirement accounts without tax penalties or early withdrawal penalties, you typically need a Qualified Domestic Relations Order (QDRO) for employer-sponsored plans or a similar order for IRAs. A QDRO is a separate court order that directs the retirement plan administrator to pay a portion of the account to the non-employee spouse. Without a QDRO, withdrawing funds to pay the other spouse triggers taxes and penalties. Division can be immediate (immediate offset) or deferred (paid when the employee spouse retires). Military retirement requires special considerations under the Uniformed Services Former Spouses Protection Act (USFSPA), which requires 10 years of marriage overlapping 10 years of military service for direct payment from DFAS.

Question 7

What is a contested vs uncontested divorce in Texas?

Accepted Answer

An uncontested divorce means both spouses agree on all major issues: property division, debt allocation, child custody and visitation, child support, and spousal support if applicable. Uncontested divorces are faster, less expensive, and less stressful. They can often be finalized shortly after the 60-day waiting period through a final hearing or agreement submission. Attorney fees typically range from $2,500-$7,500 total. A contested divorce means spouses disagree on one or more major issues that must be resolved through negotiation, mediation, or trial. Contested divorces take much longer (6 months to over a year), cost significantly more ($10,000-$50,000+ in attorney fees), and involve discovery, depositions, possibly expert witnesses, and potentially a trial before a judge. Many contested divorces eventually settle through mediation, which courts often require before trial. Even one disputed issue (like one house or retirement account) can make a divorce contested.

Question 8

Do I need a lawyer for divorce in Texas?

Accepted Answer

You're not legally required to have a lawyer for divorce in Texas, but it's strongly recommended except in the simplest cases. You should definitely hire a lawyer if: there are children involved (custody, visitation, support), significant assets or debts to divide, retirement accounts or pensions, business interests or complex financial situations, your spouse has hired a lawyer, there's disagreement on any major issues, or there's domestic violence or protective orders. Even in uncontested divorces, a lawyer can ensure the decree properly addresses all issues, protects your rights, and complies with Texas law. DIY divorce may be appropriate only for very short marriages with no children, minimal assets, no retirement accounts, and complete agreement. Mistakes in a divorce decree can be extremely costly and difficult to correct later. The temporary savings of not hiring a lawyer often leads to much greater costs down the road when problems arise that could have been prevented.

Question 9

Can I get a divorce without my spouse's consent in Texas?

Accepted Answer

Yes, you can get a divorce in Texas without your spouse's consent. Texas is a no-fault divorce state, meaning you don't need your spouse's agreement to divorce—insupportability (incompatibility) is sufficient grounds. However, your spouse must be properly served with divorce papers and given an opportunity to respond. If your spouse refuses to sign or participate, the divorce can still proceed as a contested case, and the court will make decisions on all issues if the parties can't agree. If your spouse can't be located, you may be able to serve them by publication after diligent search efforts. If your spouse is served but doesn't respond (defaults), you may be able to obtain a default judgment granting the divorce on your proposed terms, though Texas law requires a prove-up hearing even in default cases. The refusal to cooperate may make the divorce take longer and cost more, but it won't prevent the divorce from being granted.

Question 10

What is temporary orders in a Texas divorce?

Accepted Answer

Temporary orders are court orders issued during the divorce process (before the final decree) that establish rules and responsibilities while the case is pending. Common issues addressed in temporary orders include: who remains in the marital home, temporary child custody and visitation schedules, temporary child support, temporary spousal support, payment of bills and debts, use of vehicles and property, restraining orders preventing property disposition, and exclusive use of certain property or accounts. Temporary orders remain in effect until the divorce is finalized or the court modifies them. Either party can file a motion for temporary orders, and a hearing is typically held within a few weeks. These orders are critical in contested divorces to maintain stability and prevent one spouse from dissipating assets or interfering with children. Violating temporary orders can result in contempt of court. In high-conflict cases, temporary orders may address issues like preventing harassment, exclusive possession of the home, or supervised visitation.

Question 11

How much does a divorce cost in Austin, Texas?

Accepted Answer

Divorce costs in Austin vary widely depending on complexity and whether the divorce is contested. Uncontested divorce with agreement on all issues: $2,500-$7,500 in attorney fees, plus $300-$350 in court filing fees. Simple contested divorce with limited disputes: $10,000-$25,000. Complex contested divorce with significant assets, business valuations, or custody disputes: $25,000-$50,000 or more. High-conflict cases requiring extensive discovery, expert witnesses, and trial: $50,000-$100,000+ per party. Additional costs may include: mediation ($200-$400 per hour, typically 4-8 hours), business or property appraisers ($3,000-$15,000), custody evaluators ($3,000-$10,000), financial experts, and QDRO preparation ($500-$2,000). Many attorneys require a retainer (advance payment) of $5,000-$15,000 to begin representation. The single biggest factor affecting cost is conflict—the more you and your spouse can agree on, the less the divorce will cost.

Question 12

What should I do to prepare for divorce in Texas?

Accepted Answer

To prepare for divorce in Texas: (1) Gather financial documents—bank statements, tax returns (last 3 years), investment and retirement account statements, property deeds, mortgage statements, vehicle titles, credit card statements, loan documents, pay stubs, business records if applicable, (2) Document all assets and debts—make a list of everything you and your spouse own and owe, including approximate values and account numbers, (3) Establish separate finances—open individual bank account, get credit card in your own name, monitor joint accounts for unusual activity, (4) Protect important documents—make copies of all financial records, keep them in safe location outside marital home, (5) Determine your goals—what outcomes matter most to you regarding property, custody, support, (6) Consult with an experienced family law attorney—get advice on your specific situation before filing or responding, (7) Consider your children—minimize conflict in front of children, maintain routines, don't badmouth the other parent. Do not: empty bank accounts, hide assets, make large purchases or transfers without agreement, refuse to pay bills, move out without legal advice if children are involved, or discuss your case on social media.

Austin Divorce FAQ: Common Questions About Texas Divorce Law