Texas Divorce Laws

In the US, there are two types of laws: federal and state. Federal laws are drafted, proposed, and passed by the US Congress, and apply to all citizens of the United States, regardless of where they live. On the other hand, state laws are created by state legislatures and only apply to citizens living within that jurisdiction. State laws address things like taxes, probate, welfare, real estate, and—you guessed it—family law.

Because family law is handled at the state level, Texas divorce laws might look a little different than those found in California, Maine, or Tennessee. Here are five unique things about Texas divorce laws you might not have known.

Difference #1: Texas Allows Fault Based Divorce

A fault divorce is one of the biggest things separating the Lone Star State from other jurisdictions. The concept of "fault" ties directly back to the grounds your case is based on. In a fault divorce, judges are allowed to consider one party's "guilt" in the marital breakup and to assign blame, accordingly. Out of all fifty, Texas is one of only nine states that still allows couples to file for a fault-based divorce.

Difference #2: Texas is a Community Property State

When it comes to dividing marital property, the large majority of US jurisdictions follow the rules of Equitable Distribution. Texas, however, breaks from tradition by adhering to the rules of community property instead. In a community property jurisdiction, anything either spouse acquired during the marriage belongs to both spouses equally—regardless of who's name is on the paycheck, card, loan, deed, or mortgage. This includes all assets, property, retirement accounts, debt, and even that winning lottery ticket.

Difference #3: Texas Alimony is Hard to Get

Unlike some jurisdictions where alimony is awarded much more liberally, Texas alimony is a little bit harder to get. Alimony refers to regular payments that one spouse makes to another in order to help them get back on their feet post-divorce. In Texas, alimony is gender-neutral. However, it can be difficult for anyone to get, since Texas courts have a "rebuttable presumption" that assumes alimony is not needed until proven otherwise. According to the Texas Family Code, the person seeking alimony has the responsibility of showing that it's necessary.

Difference #4: Texas Has Different Terminology for Child Custody

Another thing that's unique in Texas is our terminology for child custody. Instead of just keeping things simple and calling it what everyone else does, child custody is referred to as a "conservatorship," and visitation, "possession and access." Conservatorship encompasses many important parental rights, including the right to make important medical, health, and education decisions, and the right to have access to their child's official records.

Difference #5: Texas Does Not Allow Legal Separation

Finally, the last stop on our list is the fact that here, there is no legal separation. Legal separation operates much the same way as your casual relationship time out, with both spouses living apart for an extended period of time. Unfortunately, Texas does not have legal separation. That being said, couples can still achieve similar results by drafting other agreements.

Do You Need Help with Texas Divorce Law?

For more questions about Texas divorce laws and how they might differ from those in other jurisdictions, we want to hear from you. Call the North Texas Family Lawyers team today at (972) 436-8000, or schedule a consultation online, and let us help make your divorce path as smooth as possible.