Texas Divorce: What You Should Know

Key facts about getting a divorce in Texas.

What is the residency requirement for divorce in Texas?

At least one spouse must be a resident of Texas for six months before filing for divorce.

How is property divided at divorce in Texas?

Texas is a community property state. This means that any income earned by either spouse during the marriage, and all property bought with those earnings, are considered marital property that is owned equally by each spouse or partner. At divorce, the property may be divided equally between the spouses or partners.

What are the rules about child custody in Texas?

Like all states, Texas courts begin with a presumption that it’s best for a child to have frequent and continuing contact with both parents after a divorce. If possible, judges want to support joint custody arrangements. However, the exact nature of the time-share will be determined by the children’s best interests.

What are the rules about child support in Texas?

Like all states, Texas requires both parents to support their children, even after a divorce. The amount of child support depends primarily on each parent’s income and other resources, and how much time each parent spends with the children. In addition, sometimes the courts will “impute” income to a parent who has the capacity to earn more than he or she actually is earning.


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