Texas Divorce Laws
The Family Code provides for Texas divorce laws. Throughout five broad categories, the legislature regulates
the marriage relationship, children in relation to families, juvenile justice, protective orders &
family violence, and suits affecting the parent/child relationship. As new Texas divorce laws are adopted each
year, the state court system is responsible for
interpreting legislative intent. The application of this intent is the sworn duty of local law enforcement, judges and
juries who form the frontline resolving deeply personal issues.
Texas Divorce Laws - Dissolution of Marriage
Chapter 6 provides for divorce and annulment of the marital relationship. Texas divorce laws are based on the
"no-fault" doctrine that does not require proof of irreconcilable differences to terminate
the relationship. Instead, courts evaluate relationships for "insupportability" and potential to resolve amicably, and if
potential exists, judges tend to delay proceedings and promote reconciliation as a matter of public policy.
Despite this official judicial philosophy, if either husband or wife demand dissolution, the application of
Texas divorce laws virtually always results in granting the requested decree.
Texas Divorce Laws - Award of Marital Property
Chapter 7 provides for the disposition of the marital estate upon dissolution. In the most basic sense, Texas
is a community property state that recognizes each spouse owns an equal interest in marital property. Other
property is treated differently, including property owned prior to marriage or acquired by gift or inheritance.
Prior to granting a decree, husbands and wives usually seek temporary orders to control income and property
issues.
Texas Divorce Laws & Topics:
Features of Texas Divorce Laws:
- For interpretation of divorce law - state - Texas considers prior cases as precedent, including many
landmark decisions rendered by the Texas Supreme Court.
- Texas child support laws provide for "Guidelines for Support." These guidelines are not iron-clad rules,
but rather a strong indication of official policies.
- For the application of divorce law, Texas relies on local judges who issue court orders to law
enforcement officers.
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