Divorce is rarely an easy process, and in Texas, there are specific legal steps that must be followed before a case can be finalized. Many people assume they will go straight to court, but in reality, mediation is required in almost all cases. Additionally, Texas law has strict rules regarding child support, custody arrangements, and property division. If spousal maintenance is requested, it is rarely granted without clear justification.

Understanding the divorce process in Texas can help you prepare for what’s ahead, avoid unnecessary delays, and ensure that your legal rights are protected. This guide provides a detailed breakdown of key aspects of divorce in Texas and what you need to know before proceeding.

What You Need to Know About Texas Divorce Settlements

What Should Be in a Texas Divorce Settlement?

A divorce settlement is not just about dividing assets—it must also address custody, child support, spousal maintenance, and the enforceability of agreements. A well-drafted settlement can help prevent legal disputes in the future and provide clarity for both parties.

A properly documented divorce settlement should include:

• Child custody and visitation schedules – Determining where the child will live and how visitation will be arranged.
• Child support payments – Establishing financial support for children and ensuring compliance with Texas guidelines.
• Division of assets and debts – Clearly stating who will retain specific assets and who is responsible for debts accrued during the marriage.
• Spousal maintenance agreements – Outlining whether spousal support will be provided and for how long.
• Enforceability clauses – Ensuring that all terms of the settlement are legally binding and enforceable.

Having a comprehensive settlement agreement can prevent post-divorce conflicts and provide financial security for both spouses.

Mediation: The First Step in a Contested Divorce

If you and your spouse cannot agree on major aspects of your divorce, mediation is required before taking your case to court. During mediation, spouses work with a neutral third party to reach an agreement on:

• Custody and visitation schedules
• Child support payments
• Division of assets and debts

Judges prefer that couples settle issues through mediation rather than litigation. If mediation is successful, a mediated settlement agreement is drafted to ensure that all terms are legally binding. Mediation not only saves time and legal fees but also allows couples to make decisions that best suit their unique family dynamics rather than leaving important matters in the hands of a judge.

In some cases, mediation may not be required, particularly if there is a history of domestic violence or if the court determines that mediation would be ineffective. If mediation fails, the case will proceed to a courtroom where a judge will make the final decisions.

Spousal Maintenance in Texas: Who Qualifies?

Unlike other states, Texas rarely grants spousal maintenance. Courts typically award it only if the requesting spouse:

• Was married for at least 10 years and cannot support themselves.
• Was a victim of domestic violence within the past two years.
• Has a physical or mental disability that prevents them from working.

Even if a spouse qualifies, the judge will evaluate their assets before making a decision. Many spouses negotiate maintenance in a settlement rather than relying on the court’s ruling. The goal of Texas courts is to encourage self-sufficiency rather than long-term financial dependence.

Spousal maintenance is generally capped at the lesser of $5,000 per month or 20% of the paying spouse’s average monthly gross income. The duration of maintenance is also limited based on the length of the marriage:

• Marriages lasting 10-20 years: Up to 5 years of support.
• Marriages lasting 20-30 years: Up to 7 years of support.
• Marriages lasting 30+ years: Up to 10 years of support.

Courts may also terminate spousal maintenance early if the receiving spouse remarries or cohabitates in a new romantic relationship.

Finalizing a Divorce in Texas: What to Expect

After mediation, the agreement must be converted into a final divorce decree. This is a long document that includes detailed legal terms to ensure enforceability.

Many Texas courts now allow divorces to be finalized without in-person hearings. Some accept affidavits, while others conduct virtual hearings. Regardless of the method, finalizing a divorce requires careful legal documentation.

The final divorce decree covers:

• Custody and visitation agreements
• Child support and spousal maintenance orders
• Division of property and debts
• Any necessary post-divorce financial responsibilities

Once the judge signs the decree, both parties must adhere to the agreed terms. If disputes arise later, enforcing the decree can be challenging without clear, specific language in the document.

How Is Child Support Determined in Texas?

Child support is calculated based on state guidelines. Even if both parents share equal custody, one parent will typically be ordered to pay support. The amount is determined using a percentage of the non-custodial parent’s net income:

• 1 child = 20% of net income
• 2 children = 25%
• 3 children = 30%
• 4 children = 35%
• 5+ children = 40%

These calculations ensure that children receive financial support, regardless of custody arrangements. While parents can negotiate different terms, any agreement that deviates from state guidelines must be documented in a mediated settlement agreement and approved by the court.

Common Mistakes to Avoid in a Texas Divorce

Divorce is already a stressful process, and making avoidable mistakes can create further complications. Some common pitfalls include:

• Not properly valuing assets – Ensure all property, investments, and debts are accurately assessed.
• Ignoring tax implications – Dividing assets and support payments can have significant tax consequences.
• Agreeing to unfair custody arrangements – Ensure any agreements serve the best interests of the children.
• Failing to document agreements in writing – Verbal agreements hold little weight in court.
• Not hiring an attorney – Divorce laws are complex, and professional legal guidance can help protect your interests.

Need Help With Your Divorce Settlement?

Whether you’re negotiating custody, child support, or asset division, having the right legal guidance is essential. De Ford Law Firm is here to help you navigate the Texas divorce process and ensure your settlement protects your rights and future.