Texas Divorce Laws and How They Affect Property Division and Spousal Support
In Texas, couples seeking divorce must first determine if their marriage is irreparably damaged. If they believe reconciliation is impossible, they can file for divorce based on several grounds, including fault-based and no-fault reasons.
Fault-Based Grounds for Divorce
Texas law recognizes several grounds for a fault-based divorce, including:
- Abandonment: One spouse leaves the marriage for at least one year without the other spouse’s consent.
- Adultery: One spouse has engaged in extramarital affairs.
- Confinement in a Mental Hospital: One spouse is confined to a mental health institution for at least three years.
- Conviction of a Felony: If one spouse is convicted of a felony and imprisoned for at least one year.
- Cruelty: If one spouse has treated the other with cruelty, making continued living together impossible.
No-Fault Divorce: Insupportability
In many cases, couples can seek a no-fault divorce in Texas. This is based on the concept of “insupportability,” meaning the marriage has become unendurable or intolerable, and reconciliation is not possible. No fault is assigned to either spouse, making the process simpler and less contentious.
How Grounds for Divorce Affect Property Division
In Texas, property division is guided by the Texas Family Code. Texas is a community property state, meaning that assets and debts accumulated during the marriage are generally considered communal property. Each spouse has an equal claim to this property, which may include:
- Houses
- Vehicles
- Income
When dividing property, the court aims to divide it in a way that is “just and right,” which does not necessarily mean an equal split. The court considers various factors to decide how property should be divided, including:
- The length of the marriage
- The contribution of each spouse to the marriage and household
- The future earning potential of each spouse
Spousal Support (Alimony) in Texas Divorce
In some cases, the court may order spousal support (alimony). This financial assistance helps a spouse maintain their standard of living after divorce. Spousal support may be awarded under specific circumstances, including:
- If a spouse has a physical or mental disability that prevents them from earning a sufficient income.
- If a spouse must care for a child with a disability that requires extensive care and attention.
- If the couple has been married for over 10 years, and the spouse seeking support cannot support themselves.
Divorce: A Complex Process for Both Parties
Regardless of the grounds for divorce, the process can become contentious and complicated, especially when issues like property division or spousal support arise. As someone who has worked with over 4,000 bankruptcy cases, I now represent creditors in Texas, helping them recover what they are due from Texas debtors—including through divorce proceedings where marital debts and asset division are involved.
If you’re facing a divorce, whether you are a creditor looking to protect your interests or simply navigating the division of assets, it’s crucial to have legal guidance to ensure your rights are upheld. If you need assistance with any aspect of divorce, asset recovery, or creditor’s rights in Texas, seeking professional advice from a qualified family law attorney or a creditor’s attorney is your best course of action.
Contact a Houston Family Law Attorney or Creditor’s Attorney Today
For expert guidance on navigating Texas divorce laws, property division, and creditor representation in divorce proceedings, contact our office today for a consultation.