Divorce can be a daunting process but in Texas, understanding your legal rights and options can help you take back control of your future. Whether you’re walking away from an unhealthy marriage or simply ready for a fresh start, Texas law provides specific guidelines to protect you, your children, and your financial well-being.
In this article, we’ll walk you through the divorce laws in Texas for single moms in an easy-to-understand way, covering everything from residency requirements to child custody, spousal support, and property division. You deserve clarity, confidence, and support in this challenging time as you move forward.
How to File for Divorce in Texas:
Initiating a divorce in Texas involves several steps:
- Prepare the Petition: Complete the “Original Petition for Divorce,” outlining the grounds for divorce and any requests regarding property, support, or custody.
- File the Petition: Submit the petition to the district court in the county where either spouse resides. Filing fees vary by county but generally range from $250 to $350.
- Serve the Respondent: Legally notify your spouse of the divorce by serving them with the petition and a citation. This can be done by a sheriff, constable, or private process server.
- Waiting Period: Texas law requires a 60-day waiting period from the date the petition is filed before the divorce can be finalized.
- Temporary Orders: Either party may request temporary orders to address issues like child custody, support, or property use during the divorce process.
Final Decree: If both parties agree on all terms, the divorce can proceed uncontested. Otherwise, the case may go to trial, and the court will issue a final decree resolving all matters.
Residency Requirements in Texas:
Before filing for divorce, you must meet Texas’s residency requirements Check out our detailed guide on divorce laws in Texas
- Either you or your spouse must have lived in Texas for at least six months.
- One of you must have resided in the county where you file for at least 90 days.
This ensures the court has jurisdiction over your case. You will file your petition with the District Court in the county of residence.
Grounds for Divorce As per Texas Divorce Laws:
No-Fault and Fault-Based Grounds for Divorce
Texas recognizes both no-fault and fault-based divorces.
- No-Fault Divorce: Most common, citing “insupportability” (irreconcilable differences). This means the marriage has broken down beyond repair.
- Fault-Based Divorce: Grounds include:
- Cruelty
- Adultery
- Abandonment (for one year or more)
- Conviction of a felony
- Mental illness confinement (for at least three years)
- Living apart (without cohabitation) for three years
Filing for divorce based on fault may impact property division, spousal support, and custody.
Legal Separation in Texas: Does It Exist?
Legal separation does exist in most states of US but Texas does not offer legal separation. However, if you’re not yet ready to divorce, you can still:
- File for temporary orders addressing child custody, support, and finances.
- Draft a separation agreement outlining responsibilities during this period.
These documents can help you establish clear boundaries and protect your interests while living apart.
How to Split Up Assets/Property During a Divorce in Texas:
One of the most important aspects of a Texas divorce is property division.
- H3: Community Property: Anything acquired during the marriage—regardless of whose name is on the asset—is considered shared property.
- H3: Separate Property: Includes anything owned before marriage, gifts, or inheritances.
The court divides community property in a manner that is “just and right,” taking into account:
- Length of the marriage
- Earning capacity and education
- Health and age of each spouse
- Who is at fault (if applicable)
- Contributions to the home and children
Whether you were the breadwinner or a homemaker, your role in the marriage matters. Don’t underestimate your contribution.Make sure you checkout our detailed guide on step by step divorce for single moms
Spousal Maintenance (Alimony) Under Divorce Laws in Texas:
Texas courts may award spousal maintenance (also known as alimony), but it’s not automatic. You may be eligible if:
- You’re unable to support yourself due to a mental or physical disability.
- You care for a child with special needs that prevents you from working.
- You’ve been married for 10+ years and lack sufficient income to meet basic needs.
Factors the court considers include:
- Financial resources
- Education and job skills
- Duration of the marriage
- Age and health
- Contributions to your spouse’s career or education
The court typically limits maintenance to three years, with a cap of $2,500 or 20% of the paying spouse’s gross income per month.
Child Custody as per Texas Divorce Laws:
In Texas, child custody is referred to as conservatorship. Courts prioritize the best interests of the child, which often leads to joint managing conservatorship—allowing both parents to make decisions.
However, if there is a history of domestic violence or abuse, the court may award sole custody.
Factors influencing custody decisions:
- Child’s emotional and physical needs
- Parenting abilities of each party
- History of involvement with the child
- Willingness to support the child’s relationship with the other parent
- Location of each parent’s home
- Child’s preference (if over age 12)
You have the right to fight for a safe and stable environment for your children. Don’t hesitate to document concerns or seek legal protection.
How to Manage Child Support Under Texas Divorce Laws:
Child support ensures that your child’s needs continue to be met after divorce. Texas guidelines consider the non-custodial parent’s net income to determine the amount, typically:
- 20% for one child
- 25% for two children
- 30% for three children, and so on
Support continues until the child turns 18 or graduates high school (whichever is later), and may be extended indefinitely if the child has a disability. Courts also order medical support and may require income withholding for enforcement.If the other parent does not pay for the child’s expenses, you can take legal action to enforce the payment, as discussed in this article: What If He Doesn’t Pay Child Support?
Alternative Dispute Resolution: Mediation and Arbitration
Many Texas divorces are resolved outside of court through:
- Mediation: A neutral third party helps both sides reach an agreement.
- Collaborative Divorce: Each spouse hires a collaborative attorney to negotiate an amicable outcome.
- Arbitration: A third party makes a binding or non-binding decision.
These options are often faster, more affordable, and less emotionally taxing than a court battle—especially if children are involved.
Premarital and Post Marital Agreements
Texas allows couples to sign premarital (prenup) or postmarital agreements to decide in advance how property and assets will be handled in the event of divorce.
These must be:
- In writing
- Signed voluntarily by both parties
- Fair and not against public policy
Such agreements can provide clarity and prevent long court battles—especially when it comes to spousal support or property rights.
Final Thoughts: Empowering Your Fresh Start
Understanding divorce laws in Texas gives you the power to make informed decisions about your life, your children, and your future. Whether you’re filing for a no-fault divorce or dealing with a complex custody situation, knowing your rights can be the difference between feeling stuck and moving forward with confidence.
Additionally, organizations like OneGenAway with Darrell to Help Single Moms are here to offer support and resources, helping single moms navigate the challenges they face and build a brighter future.