Divorce is a significant life change, and understanding the legal framework in Texas can help you navigate the process more smoothly. This article explores the grounds for divorce, property division, and spousal maintenance, providing a comprehensive overview for those considering or undergoing a divorce.

Grounds for Divorce in Texas

Texas offers both no-fault and fault-based grounds for divorce. The most common ground is no-fault divorce, which requires no specific wrongdoing. However, some options for fault-based grounds, including:

• Adultery: While it may be cited, adultery doesn’t usually result in a more favorable property division unless substantial community funds were spent on the affair.
• Cruel Treatment: This could include physical abuse, emotional manipulation, or behavior causing significant distress.
• Addiction or Abandonment: Situations where a spouse’s destructive behavior impacts the marriage.

Understanding the grounds for divorce helps set the stage for equitable negotiations and court proceedings.

How Property Is Divided in Texas Divorces

Texas is a community property state, which means most assets acquired during the marriage are considered jointly owned. However, division isn’t always a straightforward 50/50 split. Courts consider factors like each spouse’s financial needs and contributions to determine a fair and equitable division.

What About Separate Property?

Separate property, such as assets owned before the marriage or inheritances, remains with the original owner. However, if these assets are commingled with community property—like using an inheritance to pay marital bills—they may lose their separate status, complicating the division process.

Avoiding Commingling Issues

To protect your separate property:

• Keep inheritances in separate accounts.
• Avoid using personal assets for joint expenses.

Taking these precautions can prevent disputes and safeguard your assets during divorce proceedings.

Spousal Maintenance: What to Expect

Spousal maintenance is limited in Texas. Courts only grant it under specific conditions, such as:

• A marriage lasting 10 years or longer with one spouse unable to self-support.
• Situations involving family violence.
• Cases where a spouse has a disabling condition.

Even then, courts examine factors like child support payments and assets received in the divorce. Working with your lawyer to negotiate a larger share of the community estate can provide more financial stability than relying on spousal maintenance.