Texas Divorce Basics for Denison Residents

Going through a divorce can be one of the most emotional and complicated experiences in life. If you’re living in Denison, Texas—or anywhere within 50 miles of McKinney—it’s important to understand how Texas divorce laws work. Knowing what to expect can help you make informed decisions during this trying time.

Residency Requirements

Before filing for divorce in Texas, you or your spouse must meet certain residency requirements. At least one spouse must have lived in Texas for a minimum of six months and in the county where the divorce is filed for at least 90 days.

So, if you live in Denison (Grayson County), make sure these residency rules apply to you before initiating the divorce process.

Grounds for Divorce in Texas

Texas is a “no-fault” divorce state, meaning you don’t have to prove wrongdoing to dissolve the marriage. The most common reason cited is “insupportability,” which simply means the marriage cannot continue due to conflict or discord.

Other legal grounds include:

Cruelty
Adultery
Abandonment
Felony conviction
Living apart for at least three years
Confinement in a mental hospital

Filing the Petition

To start the process, one spouse (the petitioner) must file an Original Petition for Divorce. This legal document outlines the request to end the marriage and provides preliminary information for the court.

After filing, the other spouse (the respondent) is formally notified and given a chance to file a response.

Waiting Period

Texas law enforces a mandatory waiting period of 60 days after filing before the court can finalize your divorce. Exceptions exist for cases involving family violence, but generally, most divorces will take at least two months to complete.

Property Division

Texas follows community property laws. This means most assets and debts acquired during the marriage are considered jointly owned and subject to division. Property owned before the marriage or received as a gift or inheritance typically remains separate.

The court aims to divide property in a “just and right” manner, which doesn’t always mean 50/50.

Child Custody and Support

In Texas, child custody is referred to as “conservatorship.” There are two types:

Joint Managing Conservatorship – Both parents share decision-making rights and responsibilities.
Sole Managing Conservatorship – One parent has exclusive legal rights.

Court decisions are based on what serves the best interest of the child. Factors include the child’s needs, parental involvement, and stability of the home environment.

Child support is typically paid by the non-custodial parent and is calculated using state guidelines based on income and number of children. More information is available in the Texas Family Code.

Spousal Maintenance

Spousal maintenance (commonly called alimony) is not guaranteed in Texas. It’s only awarded when one spouse can demonstrate significant need and other eligibility requirements are met. These include:

Marriage duration of 10 years or more
Lack of financial resources
Disability of the spouse or child

Uncontested vs. Contested Divorce

An uncontested divorce occurs when both spouses agree on all terms—property division, custody, and support. This route is usually quicker, more affordable, and less stressful.

When couples disagree on major issues, the divorce becomes contested. In these cases, court hearings or mediation may be necessary. Legal guidance is especially critical during contested divorces.

Working with a Local Attorney

Whether your divorce is simple or complex, having a knowledgeable attorney ensures your rights are protected. At Landers Family Law Firm, we proudly assist clients in Denison and surrounding areas, including McKinney and Sherman.

We take the time to understand your unique needs and offer compassionate, personalized representation. Divorce can be overwhelming, but you don’t have to go through it alone.

Take the Next Step

If you’re considering a divorce in Denison, early legal advice can make all the difference. From filing correctly to negotiating fair terms, our team is here to guide you every step of the way.

Contact Landers Family Law Firm to get started.