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 the key aspects of divorce in Texas and what you need to know before proceeding.

Is Mediation Required in a Texas Divorce?

Yes, Texas law requires mediation in contested divorce cases. If you and your spouse have not agreed on all aspects of your divorce before filing, the court will mandate mediation to attempt to resolve disputes before a judge gets involved. Mediation can save time and money while reducing the stress of a prolonged court battle.

Mediation is especially critical for parents because custody agreements must be well-documented and legally enforceable. A judge will want to see specific details outlined in a mediated settlement agreement, including:

• Primary custody arrangements: Which parent will be the primary custodian?
• Visitation schedules: How often will the non-custodial parent see the children?
• Geographic restrictions: Will parents be limited to a specific area to keep both parents involved?

Geographic restrictions are common in Texas divorce cases involving children. Without one, a parent with primary custody could move far away, making visitation difficult for the other parent. In most cases, courts require that a child’s primary residence be restricted to a specific county or nearby counties.

Mediation helps ensure these details are documented clearly so that both parents know their rights and responsibilities. In addition to child-related matters, mediation also allows spouses to negotiate property division, spousal maintenance, and other financial matters.

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.

Texas courts prioritize the child’s well-being, and support payments are generally non-negotiable. However, certain factors can impact child support calculations, such as additional financial responsibilities, special needs of the child, or significant income disparities between parents.

How Are Assets and Debts Divided in a Texas Divorce?

Texas follows community property laws, meaning that most assets acquired during the marriage belong to both spouses equally. However, property division is not always a simple 50/50 split. Courts consider several factors, including each spouse’s financial situation and contributions to the marriage.

Divorce settlements should address:

• Who keeps the marital home
• How proceeds from a home sale are divided
• Responsibility for joint debts (e.g., loans, credit cards)
• How taxes will be handled in the year of divorce

For high-asset divorces, property division can be particularly complex. Businesses, retirement accounts, and investments may require additional legal considerations. It is crucial to work with an attorney to ensure all assets and debts are accounted for and properly divided.

Does Texas Have Alimony?

Texas does not use the term “alimony.” Instead, the state allows for spousal maintenance, which is much harder to qualify for than traditional alimony in other states. There are two main types:

1. Temporary Spousal Support

This is awarded during the divorce process to help a financially dependent spouse maintain their lifestyle until the divorce is finalized.

2. Ongoing Spousal Maintenance

This is only granted in specific situations, including:

• The marriage lasted at least 10 years, and the requesting spouse cannot support themselves.
• One spouse was a victim of domestic violence within two years of the divorce filing.
• The requesting spouse has a disability that prevents them from working.

Texas courts are known for being conservative when granting spousal maintenance. Even if someone qualifies, judges will look at their assets and ability to earn income before awarding financial support. In most cases, the best way to secure spousal maintenance is through negotiation rather than relying on a court order.

What Is the Waiting Period for a Texas Divorce?

Texas law requires a 60-day waiting period from the date of filing before a divorce can be finalized. This waiting period allows spouses time to reconsider their decision and resolve outstanding issues. However, divorces involving domestic violence may qualify for an expedited process.

For uncontested divorces where both parties agree on all terms, the process can be completed shortly after the waiting period ends. Contested divorces, however, may take several months or even years to finalize, depending on the complexity of the case and court availability.

Finalizing Your Texas Divorce

Once all agreements are reached, they must be turned into a final divorce decree. This document can be 50+ pages long and includes precise legal language to make it enforceable.

In the past, finalizing a divorce often required an in-person court hearing. However, since COVID-19, many Texas courts have allowed divorces to be finalized through alternative methods, including:

• Affidavit of testimony: Spouses submit written statements answering key questions required by the judge.
• Virtual hearings via Zoom: Some courts conduct hearings online rather than requiring in-person attendance.

Regardless of the method, having an attorney review the final decree is crucial. If the agreement is not properly documented, enforcing its terms later can become difficult.

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.

Get Legal Guidance for Your Divorce

Divorce is complex, but you don’t have to navigate it alone! Whether you’re preparing for mediation, negotiating a settlement, or finalizing your divorce decree, De Ford Law Firm can help. Our team understands Texas divorce laws and is committed to helping you achieve the best possible outcome.