To be eligible to file for divorce in Texas, one of the parties must have lived in Texas for six months and must have lived for 90 days in the county before filing.

There is a 60 day waiting period between filing for and granting of divorce.

Texas allows a “no fault” divorce which means one of the parties can obtain a divorce because they desire to dissolve the marriage even if the other spouse does not agree or want a divorce.

Texas has “fault” grounds of adultery, abandonment, cruelty, etc. as reasons for the dissolution of the marriage.  Proof of a fault ground may have significant impact on the court’s determination of the division of the parties’ community estate, as well as awarding custody of any children of the marriage. 

Alimony is granted in two circumstances.  The first involves a spouse who has been married for at least ten years and is otherwise unable to provide for their minimum needs.  The second involves victims of family abuse whose spouse was convicted of the family violence within the filing of the divorce.

In most cases, alimony is limited to three years.  Exceptions exist for persons suffering from incapacitating physical or mental disabilities.  The amount awarded is limited to 20% of the paying spouse’s average income or $2,500, whichever is less.