Most people going through a divorce have never been through one before, and a lot of what they’ve heard comes from friends in other states or from TV. Texas has its own rules, and some of them surprise people. Here are the things that matter most if you’re thinking about divorce in Seguin or anywhere in Guadalupe County.
1. You must meet residency rules before you file
Before a divorce can be filed, you or your spouse must have lived in Texas for the past six months and in the county where you file for the past 90 days. If you’ve recently moved to Seguin, Schertz or Cibolo, count the days before you file. Filing too early can get your case dismissed.
2. Texas doesn’t require anyone to be “at fault”
Texas allows a no-fault divorce based on insupportability: the marriage has broken down because of conflict and there’s no reasonable expectation of reconciliation. Fault grounds such as adultery or cruelty exist, and fault can sometimes affect how property is divided, but you never need to prove fault just to get divorced.
3. Your spouse can’t stop the divorce
Your spouse doesn’t have to agree. They can fight about property, debts or the children, which can make a case longer and more expensive, but they can’t keep you married against your will. If that’s your situation, a lawyer can explain how the case moves forward without your spouse’s cooperation.
4. There’s a 60-day minimum
Texas law requires a 60-day waiting period that starts the day the petition is filed. Even if you and your spouse agree on everything, the judge generally can’t sign the final decree until that time has passed. There are narrow exceptions involving family violence. Most cases take longer than 60 days; our guide on how long a Texas divorce takes gives realistic timelines.
5. Texas is a community property state
Property acquired by either spouse during the marriage is presumed to be community property, no matter whose name is on it. That includes wages, retirement contributions, and things bought with those earnings. Property you owned before the marriage, or received by gift or inheritance, is generally your separate property and isn’t divided.
The catch: if you claim something is separate property, you have to prove it by clear and convincing evidence. That usually means records, such as old bank statements, a deed dated before the wedding, or estate paperwork. Start gathering those early.
6. “Community” doesn’t automatically mean 50/50
Texas courts divide community property in a way that is “just and right.” Many divisions end up close to equal, but a judge can give one spouse a larger share based on factors such as a big difference in earning capacity, health, who has custody of the children, or fault in the breakup. Read more in the division of assets in a Guadalupe County divorce.
7. Debts get divided too
Credit cards, car loans and the mortgage are part of the divorce. Keep in mind that the decree binds you and your spouse, but not your creditors. If your spouse is ordered to pay a joint credit card and doesn’t, the company can still come after you. Refinancing or closing joint accounts is often the safer route.
8. Custody has its own vocabulary
Texas uses the term conservatorship for decision-making rights and possession and access for the schedule. The law presumes that both parents should be joint managing conservators unless there’s family violence or another reason that wouldn’t be in the child’s best interest. Joint conservatorship doesn’t mean equal time; one parent usually has the right to decide where the child lives. The standard possession order calendar shows what a typical schedule looks like.
9. Child support follows a formula
Texas child support guidelines start with a percentage of the paying parent’s net monthly resources: 20% for one child, 25% for two, 30% for three, and so on, up to a cap on how much income the percentages apply to. Health and dental insurance for the children are ordered in addition. You can get a rough estimate with our child support calculator.
10. Spousal maintenance is limited
Court-ordered spousal maintenance (alimony) is available only in specific situations, such as a long marriage where one spouse can’t earn enough to meet basic needs, a disability, or family violence. Even when it’s awarded, there are caps on the amount and the length. Spouses can agree to more through a contract. See alimony in a Seguin, Texas divorce for details.
11. Most cases settle, often at mediation
Very few divorces go all the way to a contested trial. Many courts expect couples to try mediation first. A mediated settlement agreement that meets legal requirements is generally binding once signed, so treat mediation seriously and come prepared with numbers.
12. What you do during the divorce matters
Your behavior while the case is pending can show up in court:
- Don’t hide, sell or give away property, or run up joint debt.
- Don’t post about your spouse, your case or new relationships on social media.
- Don’t use the children as messengers or discuss the case with them.
- Keep paying household bills you normally pay unless a court order says otherwise.
- Keep copies of financial records and save texts and emails with your spouse.
13. Costs vary more than people expect
The biggest driver of cost is how much you and your spouse disagree. An uncontested divorce with no children and little property is far less expensive than a contested custody case. Some lawyers, including Attorney Jesus R. Lopez, offer flat fees and payment plans for many divorce matters. Read about the costs of divorce in Seguin to plan ahead.
14. Protective orders are separate and can move fast
If you’re afraid for your safety, you don’t have to wait for the divorce. A protective order is a separate court process, and a temporary ex parte order can be issued quickly. A lawyer or the county or district attorney’s office can help you start the process.
Frequently asked questions
Do I need to be separated before I file for divorce in Texas?
No. Texas has no required separation period. You can live in the same house while the divorce is pending, though it may be uncomfortable, and temporary orders can address who stays in the home.
Is Texas a 50/50 state?
Texas is a community property state, but the court divides community property in a “just and right” manner. That is often close to equal, but not always.
Can I change my name back in the divorce?
Yes. You can ask for a name change to a prior name in your divorce petition, and the change can be included in the final decree.
Does my spouse’s affair matter?
Adultery isn’t required for a divorce, but it is a fault ground and a judge may consider fault when dividing community property. How much weight it carries depends on the facts and evidence.
Have questions about your situation? Talk with a Seguin divorce lawyer. Consultations are free, by phone or in person, in English or Spanish.
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This article is general information about Texas law, not legal advice for your situation. Laws change, and every case is different.