Divorce

Divorce in The Woodlands, Texas: A Complete Family Law Guide

At Hernandez Law Firm, we guide individuals and families in The Woodlands, Texas through one of life’s most challenging transitions: divorce. Our experienced family law attorneys help clients understand not just the legal process, but how Texas law (especially the Texas Family Code) applies to child support, child custody, property division, and spousal maintenance.

What Is Divorce Under Texas Law?

A divorce is a legal proceeding that ends a marriage and resolves a wide range of issues tied to family relationships, including children and financial responsibilities.

Texas divorce law is codified in the Texas Family Code, and the statutes outline:

• Who can file for divorce

• Residency requirements

• Grounds (legal reasons) for divorce

• Division of property and debts

• Child custody and child support

• Spousal maintenance
  All of these are subject to Texas courts’ interpretation and statutory requirements under the Family Code. Texas Statutes+1

Residency and Jurisdiction Requirements

Before a Texas court can grant a divorce:

• Either spouse must have been a resident of Texas for at least 6 months; and

• Must have lived in the county where the divorce is filed for at least 90 days prior to filing. Texas Law Help

These requirements ensure that Texas courts have legal authority to hear the case and issue enforceable orders.

Grounds for Divorce in Texas

Texas allows a “no-fault divorce” based on insupportability — meaning the marriage has become unsupportable due to conflict, and there is no reasonable prospect of reconciliation. Texas courts grant divorce even if one spouse objects. TexasLawHelp.org

In addition to no-fault grounds, the Texas Family Code includes fault grounds such as cruelty, adultery, and abandonment, which are relevant in contested cases and can influence financial issues, though they are not required to obtain a divorce. TexasLawHelp.org

The Divorce Process in Texas

Filing the Petition

The spouse who wants the divorce (the petitioner) files an Original Petition for Divorce in the appropriate county, then serves that petition on the other spouse (the respondent). Conceptos Jurídicos

If the respondent fails to respond within the statutory deadline (usually 20 days + 1 day after service), the petitioning spouse may seek a default divorce. Conceptos Jurídicos

Temporary Orders

After the initial filing, either party may request temporary orders that govern:

• Child custody and visitation

• Child support

• Spousal support

• Use of property (home, vehicles)

• Attorney’s fees

Temporary orders help keep the status quo in place while the divorce is pending.

Child Support in a Divorce (Texas Family Code)

In a divorce involving children, Texas courts must address child support along with custody and possession.

Legal Basis for Child Support

Child support obligations are governed by Texas Family Code Chapter 154, which authorizes a court to order support until a child turns 18 or graduates high school, whichever is later, unless other conditions apply (such as emancipation, marriage, or disability). Texas Statutes

How Support Is Determined

Texas uses guideline calculations based on the paying parent’s net resources and number of children. While this page doesn’t provide exact numbers, the Family Code sets out how courts should consider parent income and child needs when setting payments. Texas Statutes

Child support is independent of custody time; a parent with limited possession can still owe support based on income and statutory guidelines. Texas Statutes

Child Custody (Conservatorship) and Visitation

While not addressed in the Family Code’s divorce chapter, divorce cases with children involve decisions about:

• Conservatorship (legal custody rights and responsibilities)

• Possession and access (parenting time schedules)

Texas law focuses on the child’s best interest standard when making these decisions. Warren & Migliaccio, L.L.P.

Child custody (conservatorship) determinations occur within divorce proceedings and are shaped by additional Family Code provisions outside of Chapter 6. Warren & Migliaccio, L.L.P.

Property Division in Texas Divorce

Texas is a community property state, meaning property acquired during the marriage is generally considered jointly owned and subject to division in a “just and right” manner. Factors include:

• Length of the marriage

• Contributions by each spouse

• Future financial needs and earning capacity
  Although not a simple 50/50 split, courts strive for fairness based on evidence presented. Conceptos Jurídicos

Spousal Maintenance (Alimony)

Unlike child support, Texas law allows spousal maintenance in limited situations. Eligibility generally requires:

• A long marriage (10+ years), hardship, or disability

• Family violence considerations
  Spousal maintenance is not automatic and requires statutory proof. Conceptos Jurídicos

Costs, Timeframes, and What to Expect

Costs

Divorce costs vary widely based on:

• Whether the case is contested or uncontested

• How many issues require litigation (custody, property, support)

• Attorney fees

• Court costs and expert fees

A non-contested divorce with limited issues is often far less expensive than a contested case that requires hearings or trial. Conceptos Jurídicos

Timeframe

By statute, Texas courts cannot finalize a divorce for at least 60 days after filing, except in certain cases involving family violence. This “cooling-off” period ensures parties have time to consider reconciliation. TexasLawHelp.org

Divorce Options: Collaborative, Mediation, Litigation

Not every divorce needs to go to trial. Options include:

• Uncontested Divorce: Parties agree on terms

• Mediated Divorce: Neutral mediator helps resolve issues

• Collaborative Divorce: Professionals assist in negotiated solutions

• Litigated Divorce: Issues go before a judge

Your attorney can advise the best process for your situation based on complexity, children, and financial differences. LegalClarity

Unique Considerations for Hispanic Families in The Woodlands

We understand that personal, cultural, and language barriers can make divorce more stressful for Hispanic families. At Hernandez Law Firm, we offer:

• Bilingual support (English and Spanish)

• Culturally sensitive communication

• Guidance through statutory requirements in clear language

Our goal is to help you navigate the divorce process with respect and without confusion.

Frequently Asked Questions (FAQs)

Q: Do I need to prove fault to get divorced in Texas?
No. Texas recognizes no-fault divorce based on insupportability, meaning you do not need to prove wrongdoing. TexasLawHelp.org

Q: Can I get child support and custody in the same divorce?
Yes. Both child support and custody (conservatorship/visitation) are decided within the divorce process. Warren & Migliaccio, L.L.P.

Q: How long does it take to finalize a divorce in Texas?
Statutorily, at least 60 days must pass after filing before a court can grant the divorce. It gernerally takes longer. An average divorce can take anywhere from 6 months to over a year.  TexasLawHelp.org 

Q: Can spousal maintenance be ordered?
Yes, but only under specific statutory criteria. Conceptos Jurídicos

Why Hire Hernandez Law Firm for Your Divorce

Divorce isn’t just legal paperwork — it’s about your family’s future. At Hernandez Law Firm, we help you:

• Protect your parental rights

• Advocate for fair child support

• Navigate custody and visitation

• Secure property and financial protections

• Understand your rights under the Texas Family Code

We focus on achieving the best possible outcome with compassion and clarity through every step.

Contact Jordan Hernandez attorney in The Woodlands

If you’re considering divorce, child support, or family law issues in The Woodlands, contact Hernandez Law Firm today for a consultation tailored to your family’s unique needs. We would love to help you and your family durign this time.