Types of Divorce in Texas

Divorces in Texas generally fall into one of two categories: contested or uncontested. A divorce is considered contested when spouses cannot agree on one or more important issues, such as how property will be divided, child custody arrangements, or the amount of child support. If both spouses are able to reach an agreement on all aspects of the divorce, the case is typically considered an uncontested divorce.

No matter which type of divorce you are facing, having knowledgeable legal guidance can make the process easier to manage. At JDY Law, we work closely with clients to provide clear advice, practical strategies, and the support needed to move forward.

The Role of Mediation in Divorce

Mediation is often used to help spouses resolve disagreements without going through a full court trial. During mediation, both parties meet with a neutral third-party mediator whose role is to facilitate productive discussion and help the couple work toward mutually acceptable solutions.

For many families, mediation can reduce stress, shorten the timeline of the divorce, and lower overall costs. It also allows the parties to have more control over the final outcome rather than leaving decisions entirely in the hands of a judge.

Another option some couples consider is collaborative divorce, which is a voluntary process focused on negotiation and problem-solving. The goal is to reach agreements that serve the best interests of everyone involved, including the children.

While both mediation and collaborative divorce can help couples avoid traditional courtroom litigation, they are not appropriate for every situation. Speaking with an experienced attorney can help determine which approach may work best for your circumstances.

No-Fault Divorce in Texas

Texas allows couples to file for what is known as a no-fault divorce. The legal ground most commonly used is called “insupportability.” This simply means that the marriage has broken down to the point where reconciliation is no longer possible. In these cases, neither spouse is required to prove that the other did something wrong.

Fault-Based Grounds for Divorce in Texas

Unlike some states, Texas law also allows divorces to be filed based on specific fault grounds. These include:

• Cruelty

• Adultery

• Conviction of a felony

• Abandonment

• Living separately for an extended period of time

• Confinement in a mental hospital

Fault-based divorces can be more complex to pursue and prove, which is one reason many couples choose to proceed under the no-fault ground of insupportability.

Residency Requirements for Filing in Texas

Before filing for divorce in Texas, certain residency requirements must be met. At least one spouse must have lived in the state of Texas for at least six months. In addition, that spouse must have resided in the county where the divorce will be filed for at least 90 days.

Important Issues Addressed During Divorce

Divorce often involves several important legal and financial decisions. Clear communication and reliable information are essential to navigating the process effectively. At JDY Law, we work to ensure our clients understand their options and feel supported at every stage.

Common issues addressed in divorce cases include:

Property and Asset Division
Spouses frequently disagree about how property and financial assets should be divided. Careful evaluation of marital assets helps ensure a fair distribution under Texas law.

Spousal Support (Alimony)
Depending on factors such as the length of the marriage, the income of each spouse, and their age or financial needs, one spouse may request temporary or ongoing support. Whether you are requesting support or may be required to pay it, ensuring the amount is reasonable and justified is important.

Child Custody
When children are involved, custody decisions must prioritize the child’s best interests. Courts consider many factors when determining conservatorship and parenting time.

Child Support
Texas law provides guideline calculations for child support, but certain circumstances may justify a different amount. Each family’s financial situation must be carefully reviewed to determine what is fair and appropriate.

Modifications after Divorce
Although divorce decrees are intended to create lasting arrangements, life circumstances can change. When significant changes occur- such as income shifts or parenting schedule needs- it may be necessary to request a modification through the court.

If you are considering divorce or have questions about your options, speaking with an experienced attorney can help you better understand the process and the steps ahead.