Going through a divorce can be one of the most challenging experiences of your life. Whether you're emotionally ready or still weighing your options, understanding the divorce process in Texas is crucial. At Haugen Law Firm, P.C. we believe informed clients make better decisions. Here are the top 10 things you should know before filing for divorce in Texas:
1. Texas Has a 60-Day Waiting Period
Texas law requires at least 60 days between the date the divorce is filed and the date it can be finalized. Even in uncontested cases, this mandatory waiting period applies—unless there's family violence involved.
2. It Is a Community Property State
Texas law presumes that all assets (and debts) acquired during the marriage are community property, which means they are divided equitably, though not always 50/50. Knowing what qualifies as separate property is essential.
3. Fault vs. No-Fault Divorce
You can file for divorce based on "no-fault" (insupportability) or cite a specific fault such as adultery, cruelty, abandonment, or felony conviction. Citing fault can impact property division and spousal support.
4. You Must Meet Residency Requirements
To file in Texas, either spouse must have lived in the state for at least 6 months and in the county of filing for at least 90 days prior to filing.
5. Legal Custody Is Referred to as “Conservatorship”
Texas uses the term “conservatorship” for legal custody. Conservatorship deals with the rights of parents to make decisions for the child. Courts often favor joint managing conservatorship, where both parents share rights and duties, but decisions are based on the best interest of the child.
6. Child Support Is Based on State Guidelines
Texas has a formula for calculating child support based on the paying parent’s income and the number of children. However, courts can deviate from the guidelines if the situation warrants it.
7. Spousal Maintenance Is Limited
Texas has strict rules about spousal maintenance (alimony). It's not guaranteed and if awarded, which is uncommon, it is more likely in cases that involve long-term marriages, domestic violence, or when a spouse can’t support themselves due to disability or caregiving responsibilities.
8. You’ll Need to Disclose Financial Information
In most cases, both spouses are required to provide a full accounting of income, assets, debts, and expenses. Hiding assets can result in penalties and a more unfavorable settlement.
9. Uncontested Divorce Can Save Time & Money
If both parties agree on all terms—property division, child custody, support, etc.—the process can be as fast as 61 days and less costly. Still, it’s wise to have a lawyer review your agreement.
10. A Good Attorney Makes a Big Difference
Divorce is not just emotional—it’s a legal process with long-term financial and family implications. Working with an experienced Texas family law attorney ensures your rights are protected every step of the way.
Ready to Take the Next Step?
At Haugen Law Firm, P.C., we’re proud to serve families and individuals across Denton, Collin, Cooke, Dallas, and Tarrant Counties with trusted legal guidance in family law, criminal defense, and estate planning. If you have questions about your legal rights or need personalized support, our dedicated team is here to help. Contact us today!