What is Divorce?

Divorce, or the dissolution of marriage, is handled at the state level. In Texas, legal requirements for divorce include the establishment of domicile (permanent home) in the state for at least six months, among other regulations.

Texas Divorce Laws: Legal Grounds

In Texas, divorce law allows for no-fault divorce, which means neither party needs to provide evidence that the other party is at fault. But technically speaking, the divorce petition for a no-fault divorce will list “unsupportability” as the cause (or fault). This is defined by statute as a marriage that cannot be supported because of “discord or conflict of personalities that destroys the legitimate ends of the marital relationship and prevents any reasonable expectation of reconciliation.”

Other grounds include cruelty, adultery, the conviction of a felony, abandonment, living apart (the parties are legally separated), or confinement in a mental hospital. Defenses to divorce in Texas are exceedingly rare, limited to situations where the court finds a “reasonable expectation of reconciliation.”

Texas Marital Property Division

Texas is one of the states that was under Spanish rule. As a result, it’s a community property state. This means that all property acquired during the marriage is equally owned by both spouses and therefore it is equally divided in the event of a divorce. While the community property law is generally followed, Texas courts will order the division of property with regards to the rights of each party and any children of the marriage. There can be separate property in the marriage if it:

  1. Was acquired before the marriage;
  2. Was a gift or inheritance to only one spouse; or
  3. Was received as recovery for personal injuries

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