Houston Divorce Attorney
Knowledgeable, compassionate representation through every stage of the Texas divorce process.
Understanding Texas Divorce Law
Divorce is one of the most significant legal events a person can face. It affects your finances, your living arrangements, your relationship with your children, and your sense of identity. At Armstrong Family and Divorce Law, we understand the weight of this moment — and we bring both expertise and genuine compassion to every case we handle.
Texas divorce law is governed by the Texas Family Code, and it contains several features that distinguish it from other states. Texas is a community property state, meaning that most assets and debts acquired during the marriage are owned equally by both spouses. Texas also requires a mandatory 60-day waiting period before any divorce can be finalized. Understanding these rules — and knowing how to navigate them strategically — can make a profound difference in your outcome.
Mary Armstrong is a Board-Certified Family Law Specialist — a distinction held by fewer than 1% of Texas attorneys. When you hire Armstrong Law, you get a specialist, not a generalist.
Grounds for Divorce in Texas
Texas law recognizes both no-fault and fault-based grounds for divorce. The right approach for your situation depends on the specific circumstances of your marriage and what outcome you are seeking.
No-Fault Divorce: Insupportability
The most common ground for divorce in Texas is "insupportability" — the legal term for irreconcilable differences. This ground simply requires showing that the marriage has become insupportable because of discord or conflict of personalities that destroys the legitimate ends of the marriage and prevents any reasonable expectation of reconciliation. No proof of wrongdoing is required, and neither spouse needs to be "at fault."
No-fault divorce is often the most efficient and cost-effective route, particularly when both parties are committed to resolving their differences through negotiation or mediation.
Fault-Based Grounds
Texas also recognizes several fault-based grounds for divorce, which can influence property division decisions. These include:
- Cruelty — physical or emotional cruelty that makes living together insupportable
- Adultery — a spouse's voluntary sexual intercourse with another person outside the marriage
- Felony conviction — imprisonment for at least one year in a penitentiary without a pardon
- Abandonment — leaving the household with intent to abandon and remaining away for at least one year
- Living apart — separation without cohabitation for at least three years
- Confinement in a mental hospital — for at least three years with little expectation of recovery
When fault is proven, a Texas court may award a disproportionately larger share of the marital estate to the innocent spouse. Whether to pursue fault grounds is a strategic decision that Mary evaluates with each client individually.
Community Property & Asset Division in Texas
Texas is one of nine community property states in the U.S. This framework fundamentally shapes how assets and debts are divided in a Texas divorce.
What Is Community Property?
Under Texas law, all property acquired by either spouse during the marriage is presumed to be community property — jointly owned by both spouses in equal shares. This includes:
- Wages, salaries, and income earned during the marriage
- Real estate purchased during the marriage
- Retirement account contributions made during the marriage (401(k), pensions, IRAs)
- Business interests developed or acquired during the marriage
- Vehicles, bank accounts, and personal property purchased with marital funds
What Is Separate Property?
Separate property is not subject to division in a Texas divorce. It includes property that a spouse:
- Owned before the marriage
- Received as a gift during the marriage
- Received as an inheritance (even during the marriage)
- Received as a personal injury settlement (excluding compensation for lost earning capacity)
The burden of proving that property is separate rests on the spouse claiming it. Without clear documentation — bank statements, deeds, gift letters — the court may presume the property is community property. Mary Armstrong is experienced in tracing separate property and building the evidence needed to protect what is rightfully yours.
Just & Right Division
Texas courts divide community property in a "just and right" manner — which doesn't always mean 50/50. Fault, disparity in earning capacity, and the needs of children can all affect the split.
Business Valuations
When marital assets include a business, professional practice, or significant investments, forensic accountants and business valuation experts are often necessary to ensure an accurate division.
Retirement Assets
Dividing retirement accounts in Texas divorce requires a Qualified Domestic Relations Order (QDRO). Errors in QDROs can be costly. Armstrong Law coordinates with financial professionals to ensure this is done correctly.
Debt Division
Community debts — mortgages, car loans, credit cards accumulated during marriage — are also subject to division. Proper structuring prevents one spouse from being held responsible for the other's obligations.
The Texas Divorce Timeline
Understanding the general timeline helps you plan ahead and reduce anxiety about what comes next. While every case is different, here is the typical flow of a Texas divorce:
One spouse (the petitioner) files an Original Petition for Divorce in the county where either spouse has lived for the past 90 days (and in Texas for 6 months). The 60-day waiting period begins here.
The other spouse (the respondent) must be formally served with divorce papers. They then have 20 days plus the following Monday to file an answer.
The court may issue temporary orders governing child custody, support, and use of property while the case is pending. This keeps your family stable during the divorce process.
Both parties exchange financial information — bank statements, tax returns, retirement accounts, business records. Thorough discovery protects your interests and ensures hidden assets don't go undetected.
Harris County courts require mediation before trial in most cases. A neutral mediator helps parties reach agreement. Settlement through mediation is typically faster, less expensive, and less emotionally draining than trial.
Whether by agreement or court ruling, the divorce concludes with a Final Decree of Divorce that addresses all issues — property, debts, children, and support. Once signed by the judge, your divorce is final.
How Mary Armstrong Can Help
Whether your divorce is relatively straightforward or highly complex, Mary Armstrong brings the same level of preparation, strategy, and commitment to every case. She handles the full spectrum of Texas divorce matters:
- Uncontested divorce — efficient, cost-effective resolution when both spouses agree
- Contested divorce — vigorous courtroom advocacy when agreement isn't possible
- High-asset divorce — complex property division including real estate, businesses, investments, and retirement accounts
- Military divorce — navigating military-specific benefits including pensions, SBP, and housing allowances
- Gray divorce — protecting retirement security when couples over 50 separate
- Emergency filings — immediate action for cases involving domestic violence or asset dissipation
You deserve honest answers from day one. Mary doesn't overpromise or tell clients what they want to hear. She gives you a realistic assessment of your situation and a clear strategy for achieving the best possible outcome. That transparency has earned her the trust of over 1,200 Houston clients.