Texas is a no-fault divorce state, meaning that a court will grant divorce based on a spouse's belief that their marriage is beyond any chance of reconciliation. 

A court considers a number of factors in a suit for divorce.

  • Are children involved? What is in their best interest?

  • What is a fair distribution of property? (See below for Texas property law)

  • Can each spouse live independently from the other?

  • How long did the marriage last?

  • Is there a pre-marital or post nuptial agreement?

Take these questions into consideration when answering questions in the form below.

Texas is one of nine community property states. This means that all income earned from any source, and all property purchased during the marriage belongs equally to both parties. All property owned by a spouse prior to the marriage is generally not considered community property; it is that spouse's separate property. This will generally be the rule unless a premarital or marital agreement specifies otherwise.

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