Divorce Guide

Divorce Guide


Divorce Court in Texas


Every state has its own laws and rules for separation and divorce. What are the necessities for getting a divorce in divorce court Texas? What is a Texas annulment? If you are having such questions, here are some aspects discussed briefly regarding divorce court in Texas.

Residency Obligations to File

At least one spouse needs to be a resident for at least six months and should have resided in the county for at least 90 days where the petition is filed. The divorce petition should be filed with the District Court of the county where either party lives.

Legal Grounds

It is also possible for the spouse/spouses to get a divorce, simply by producing the divorce papers that suggest that marriage has become ‘insupportable’. This means you and your spouse have disagreements and there's no reasonable hope for reconciliation. If both spouses want that there should be a divorce, they can agree in writing, which is called ‘demand’, that the marriage can be ended.

Other grounds for divorce are:

  • Adultery.
  • Any physical or mental torture which caused danger to the safety or health of the applicant.
  • In the case of abandonment for one year or more.
  • Crime conviction and imprisonment of the defendant for one year.
  • If the husband and wife have lived separately for three years.
  • Confinement due to mental illness for three years.

A divorce case begins when one of the spouses files an ‘Original Petition for Divorce’ with Family Law District Court. The other spouse is then provided with the paperwork and has time to respond. If you and your spouse agree on main issues including property and debt division, support and child custody, the divorce can be finalized without a trial. The court will set a time for hearing, if the parties can't come to an agreement.

Issue of Property

Texas is known as a community property state. It means that the property gained during your marriage is divided equally when you get divorced.

Child Custody

In divorce court Texas accept the parents' parenting plan for the custody order in your case if it finds your plan is the child's best interest.

Texas court believes in joint legal child custody called "conservatorship" is best, unless you can establish or else.

Child Support

Have to add one line about the money that parents have to pay to support the child. The sentence sounds too abrupt.

A child support order can be made again if there has been a change in situation such as a big increase or decrease in the parent's earnings etc.

The Clerk of Superior Court or clerk's assistants will be the people managing documents with the court of divorce. The Clerk's office keeps the parties and the lawyers informed right through the process, in regards to extra paperwork that is needed, more requirements, and hearing dates and times.


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