Getting a divorce can feel overwhelming, but knowing what to expect can help you move forward with confidence. Whether you’re just beginning to consider separation or you’re ready to take action, this guide walks you through the divorce process in Houston, Texas, and what you need to know to protect your interests.

Starting the Divorce: The Petition

The divorce process begins with a legal document called a petition. Many people worry that this initial filing needs to contain every detail of their marriage and assets, but that’s not the case. The petition serves as a starting point that gives your spouse a general idea of what you’re requesting.

At this stage, you should indicate:

• Whether you’re seeking custody of children
• How you’d like the court to divide your marital property
• Any other major requests you plan to make

You don’t need to list every asset or provide exhaustive detail at this point. The petition simply sets the framework for what comes next.

Property Division in Texas: It’s Not Automatically 50/50

One of the biggest misconceptions about Texas divorce law is that everything gets split right down the middle. While many people assume Texas follows a strict 50/50 division rule, that’s not actually how it works.

Texas law requires that marital property be divided in a manner that is “just and right.” This means the court looks at what’s fair based on your specific circumstances, which might not always mean an equal split.

When Might the Division Be Unequal?

Several factors can influence how a Houston court divides your property:

Fault in the Marriage Breakdown

If one spouse’s actions contributed to the end of the marriage, this can affect property division. The spouse who caused the breakdown may receive less than half of the community estate, particularly if the other spouse needs to rebuild their life through no fault of their own.

Types of Fault Grounds

Texas recognizes several fault grounds that can impact your divorce:

• Adultery: One of the most common fault grounds
• Cruelty: Physical or emotional abuse during the marriage
• Felony Conviction: When a spouse has been convicted of a felony
• Abandonment: When one spouse leaves and doesn’t return
• Confinement in a Mental Institution: Long-term institutionalization
• Living Apart: Extended separation without reconciliation

Texas Is a No-Fault State (But Fault Still Matters)

Here’s where things get a bit nuanced. Texas is technically a no-fault state, which means you don’t have to prove wrongdoing to get a divorce. You can file for divorce simply because the marriage has become “insupportable due to discord or conflict of personalities.”

However, you can still cite fault grounds if they apply to your situation. While you’re not required to prove fault, doing so can work in your favor when it comes to property division and other aspects of your divorce settlement.

This gives you options. If you want a straightforward divorce without airing grievances, you can proceed on no-fault grounds. But if your spouse’s actions have significantly impacted your marriage or financial situation, you have the right to present that evidence to the court.

What Happens After the Petition?

Once the petition is filed, your spouse will be served with divorce papers and has the opportunity to respond. From there, the divorce process typically involves:

• Discovery: Both parties exchange information about assets, debts, and income
• Negotiation: Many divorces settle through negotiation between attorneys
• Mediation: Courts often require mediation to try to reach an agreement
• Trial: If you can’t reach a settlement, a judge will make decisions for you

The timeline varies depending on your circumstances. Texas law requires a 60-day waiting period from the date the petition is filed before a divorce can be finalized, but many divorces take several months or longer to complete.

Protecting Your Interests

Every divorce is different, and the outcomes depend heavily on your specific situation. Whether you’re dealing with complex property division, child custody matters, or fault grounds, having someone who knows Houston family law on your side can make a significant difference in your outcome.

The laws governing divorce in Texas provide flexibility for courts to make decisions based on fairness rather than rigid formulas. This means your individual circumstances matter, and presenting your case effectively is important for achieving a fair result.

Getting the Support You Need

If you’re facing divorce in Houston, you don’t have to figure it all out on your own. The Alsandor Law Firm helps clients manage the complexities of Texas divorce law and works to protect their rights throughout the process.

For more information about how Texas divorce law applies to your situation, visit Alsandor Law or reach out to discuss your specific circumstances. Taking that first step might feel daunting, but getting clear answers about your options can help you move forward with greater confidence.

This article provides general information about divorce law in Houston, Texas. Every case is different, and this content should not be taken as legal advice for your specific situation. For guidance tailored to your circumstances, consult with a qualified family law attorney.