To be eligible to file for divorce in Texas, one of the parties must have lived in Texas for six months and must have lived for 90 days in the county before filing.

There is a 60 day waiting period between filing for and granting of divorce.

Texas allows a “no fault” divorce which means one of the parties can obtain a divorce because they desire to dissolve the marriage even if the other spouse does not agree or want a divorce.

Texas has “fault” grounds of adultery, abandonment, cruelty, etc. as reasons for the dissolution of the marriage.  Proof of a fault ground may have significant impact on the court’s determination of the division of the parties’ community estate, as well as awarding custody of any children of the marriage. 

Spousal Maintenance (Alimony) is defined as payments made by one spouse to another after a divorce has been granted.

To be eligible for spousal maintenance, the spouse seeking maintenance must first lack sufficient property, including the spouse's separate property, on dissolution of the marriage to provide for the spouse's minimum reasonable needs.

Maintenance can be ordered for up to 5 years if the spouses were married at least 10 years but less than twenty years.  If parties were married between 20-30 years, maintenance can be ordered for up to 7 years.  Maintenance can be ordered for up to 10 years for those spouses married to each other for 30 years or more.  When maintenance is ordered due to disability, the maintenance can continue as long as the disability exists.  The maximum amount of court ordered maintenance is from $2,500 to $5,000 per month or 20% of the paying spouse's average monthly gross income whichever is less.

In addition to having insufficient assets to meet reasonable needs, the spouse seeking support must prove one of the following circumstances:

1.  The spouse from who support is requested must have been convicted of family violence within 2 years of the filing of the petition for divorce or during the time       the divoce was pending.

2.  The spouse seeking support must be unable to earn sufficient income to provide for their own minimum reasonable needs because of an incapacitating physical or mental disability.

3.  The spouse seeking support has been married to the other spouse for 10 years or longer and lacks the ability to earn sufficient income to provide for their minimum reasonable need.

4.  The spouse seeking support is the custodian of a child of the marriage of any age who requires substantial car and personal supervision due to a physical or mental disability that prevents the spouse from earning sufficient income to provide for that spouse's minimum reasonable needs.