Divorce is the legal process for ending a ceremonial (formal) marriage or a common law (informal) marriage and typically may be initiated by either spouse by filing a petition or complaint for divorce in state court in the county where the spouses last lived together.
In the divorce process the parties (by agreement) or the court (by order or decree) will determine how issues related to the marriage will be handled following divorce—including (1) the division of marital property, (2) the division of marital debts, (3) child custody arrangements, (4) child support obligations, and (5) spousal support, maintenance, or alimony payments, if any.
In Texas, divorce can dissolve both ceremonial and common-law marriages. Either spouse can initiate the process by filing a petition for divorce in the county where they last cohabitated. The divorce process addresses several key issues: the division of marital property and debts, child custody and support, and potentially spousal maintenance (alimony). Texas is a community property state, meaning that most property acquired during the marriage is considered jointly owned and is typically divided equally. Separate property, acquired before the marriage or by gift or inheritance, is not divided. Child custody arrangements are determined based on the best interests of the child, with both joint and sole custody as options. Child support is calculated using state guidelines, which consider the income of the non-custodial parent and the number of children. Spousal maintenance is not automatic and is awarded based on factors such as the duration of the marriage, each spouse's ability to provide for their minimum reasonable needs, and the contribution of one spouse to the education or earning capacity of the other.
