Texas Is a Community Property State
Unlike many states, Texas follows community property law. This means that most assets and debts acquired during the marriage are owned equally by both spouses and will be divided "just and right" — though not necessarily 50/50 — by the court. Separate property (owned before marriage or received as a gift or inheritance) generally remains yours alone, but you must be able to prove it.
Grounds for Divorce in Texas
Texas permits both no-fault and fault-based divorce. The most common ground is "insupportability" — essentially irreconcilable differences. Fault-based grounds include adultery, cruelty, abandonment, conviction of a felony, and living apart for three years. Establishing fault can affect property division and spousal maintenance awards.
Child Custody and the "Best Interest of the Child" Standard
Texas courts decide custody (called "conservatorship") and visitation based on the best interest of the child. Joint managing conservatorship — where both parents share decision-making — is the default preference. The court considers factors including each parent's home environment, emotional ties, work schedules, and the child's own preferences if they are 12 or older.
Spousal Maintenance in Texas
Texas spousal maintenance (alimony) is not automatic. It is typically awarded only if the requesting spouse cannot meet minimum reasonable needs and the marriage lasted at least 10 years — or in cases involving family violence. Awards are generally limited to three years and capped at $5,000 per month or 20% of the paying spouse's gross income.
How Long Does a Texas Divorce Take?
Texas requires a 60-day waiting period after a divorce petition is filed before a divorce can be finalized. Uncontested divorces may conclude shortly after this period. Contested divorces — involving disputes over assets, custody, or support — can take several months to over a year.
Protecting Your Rights During Divorce
Going through a divorce without legal representation in Beaumont can be costly. Even in "friendly" divorces, issues like hidden assets, business valuations, retirement account division, and long-term custody arrangements require careful legal handling.
Shelander Law Firm's family law attorneys have guided hundreds of Beaumont-area clients through the divorce process with compassion and precision. Call (409) 833-2165 for a confidential consultation today.