Divorce in Texas: Laws, Process, and What You Need to Know (2026)

Introduction

Texas is a community property state with one of the most well-developed bodies of family law in the country. The state's courts handle an enormous volume of divorce cases, and Texas has detailed statutory guidelines for property division, support, and custody.

Texas is a community property state for property division purposes. Understanding how Texas handles divorce can help you prepare for what lies ahead and make informed decisions about your future.

Residency Requirements

To file for divorce in Texas, you must meet the state's residency requirements: 6 months in the state, 90 days in the county. This means at least one spouse must have lived in Texas for the required period before the court will accept a divorce filing. You will typically file in the county where either spouse resides.

Grounds for Divorce

Texas allows both no-fault and fault grounds for divorce. No-fault: insupportability (the marriage has become insupportable because of discord or conflict of personalities). Fault grounds include adultery, cruelty, felony conviction, abandonment, living apart 3 years, and confinement in a mental hospital. While most divorces proceed on no-fault grounds, filing on fault grounds can sometimes affect alimony or property division outcomes.

Property Division

Texas follows the community property approach to dividing property in a divorce. Under community property rules, assets and debts acquired during the marriage are generally divided equally between the spouses. Separate property, such as gifts, inheritances, and assets owned before the marriage, typically remains with the original owner.

Property that either spouse owned before the marriage, as well as gifts and inheritances received individually, is generally considered separate property and is not subject to division. However, if separate property has been commingled with marital assets, it may lose its separate character.

Alimony and Spousal Support

The court considers several factors when determining alimony in Texas:

• Length of marriage
• Age and health
• Education and employment skills
• Contribution as homemaker
• Marital misconduct
• Property brought to marriage

In Texas, alimony is referred to as "spousal maintenance." Texas has strict eligibility requirements — marriage must generally be 10+ years, or involve domestic violence, disability, or a child with a disability. Monthly amount capped at $5,000 or 20% of the obligor's gross income.

The duration and amount of alimony depend heavily on the length of the marriage and the financial circumstances of both parties. Short-term marriages are less likely to result in long-term alimony awards.

Child Support

Texas uses the Percentage of Income model for calculating child support. The standard percentages are 20% for one child, 25% for two, 30% for three, 35% for four, 40% for five or more.

Either parent can request a modification of child support if there is a substantial change in circumstances, such as a significant change in income, job loss, or a change in the child's needs.

Child Custody

Texas courts determine custody based on the best interests of the child standard. The court evaluates a range of factors including each parent's relationship with the child, the child's adjustment to home and community, the mental and physical health of all parties, and the willingness of each parent to foster a relationship between the child and the other parent.

Most states, including Texas, recognize both legal custody (decision-making authority regarding education, healthcare, and welfare) and physical custody (where the child lives). Both types can be awarded jointly or solely to one parent.

Mediation

Mediation is not required in Texas, though it is often encouraged.

Filing Fees and Costs

Filing fees for divorce in Texas typically range from $250-$350, though exact amounts vary by county. Additional costs may include:

• Attorney fees (if you hire a lawyer)
• Mediation or alternative dispute resolution fees
• Process server or publication fees
• Costs for financial experts or appraisers (in complex asset cases)
• Court-mandated parenting class fees (if children are involved)

Uncontested divorces are generally significantly less expensive than contested cases.

Key Considerations

• Waiting period: 60 days after filing
• Common law marriage: Texas recognizes common law marriage, which means unmarried couples who meet certain criteria may need to formally divorce.
• Community property state: Assets acquired during the marriage are generally presumed to be owned equally by both spouses.

If you and your spouse can agree on the major issues, including property division, support, and custody, an uncontested divorce will save you significant time and money. Even in contested cases, exploring mediation or collaborative divorce may lead to a better outcome than a courtroom battle.

Frequently Asked Questions About Texas Divorce

Is Texas a community property state?

Yes, Texas is a community property state. This means that most property acquired by either spouse during the marriage is presumed to be owned jointly and is subject to division in a divorce. Separate property -- including assets owned before marriage, inheritances, and personal injury settlements -- generally remains with the original owner. However, the spouse claiming separate property must prove it by clear and convincing evidence. Texas courts divide community property in a manner they consider "just and right," which does not always mean 50/50.

How is property divided in a Texas divorce?

Texas courts divide community property in a "just and right" manner, which gives judges discretion to make an unequal split based on factors such as each spouse's earning capacity, fault in the breakup of the marriage, the nature of the property, each spouse's health and age, and the needs of any children. While a 50/50 split is common, the court can award a disproportionate share if the circumstances warrant it, particularly when one spouse was at fault (such as adultery or cruelty) or when there is a significant disparity in earning power.

How long does a divorce take in Texas?

Texas has a mandatory 60-day waiting period after the divorce petition is filed before the divorce can be finalized. An uncontested divorce where both spouses agree on all terms can be completed shortly after the 60-day period, typically in 2 to 3 months total. Contested divorces usually take 6 to 12 months, and cases involving complex property division, business valuations, or custody disputes can take over a year. The court's schedule in your county also affects the timeline.

Can I get alimony in Texas?

Alimony (called "spousal maintenance" in Texas) has strict eligibility requirements compared to most states. Generally, the marriage must have lasted at least 10 years, and the requesting spouse must demonstrate they lack sufficient property and cannot earn enough to meet minimum reasonable needs. Exceptions exist for domestic violence, a spouse's disability, or a child's disability. Maintenance is capped at $5,000 per month or 20% of the paying spouse's average monthly gross income, whichever is less. Duration is limited based on marriage length: up to 5 years for marriages of 10-20 years, up to 7 years for 20-30 years, and up to 10 years for marriages over 30 years.

What are the grounds for divorce in Texas?

Texas allows both no-fault and fault-based grounds for divorce. The no-fault ground is "insupportability," meaning the marriage has become insupportable due to discord or conflict of personalities. Fault grounds include adultery, cruelty, conviction of a felony, abandonment for at least one year, living apart for at least 3 years, and confinement in a mental hospital. Filing on fault grounds can result in a disproportionate division of community property in favor of the innocent spouse.

What are the residency requirements for divorce in Texas?

To file for divorce in Texas, at least one spouse must have been a resident of Texas for at least 6 months and a resident of the county where the divorce is filed for at least 90 days. Military members stationed in Texas may also meet the residency requirement. If neither spouse meets the county residency requirement, you may need to file in a different county.

How much does a divorce cost in Texas?

Court filing fees for a Texas divorce typically range from $250 to $350, depending on the county. An uncontested divorce without attorneys may cost under $500 total. With attorney assistance, an uncontested divorce usually costs $2,500 to $5,000. Contested divorces typically range from $10,000 to $30,000, and complex or high-asset cases can cost significantly more. Mediation, which is commonly used in Texas, adds additional costs but is generally less expensive than going to trial.

Does Texas recognize common law marriage?

Yes, Texas is one of the few states that still recognizes common law marriage (called "informal marriage"). To establish an informal marriage in Texas, both parties must agree to be married, live together in Texas as spouses, and represent to others that they are married. If a common law marriage is established, it is treated the same as a formal marriage for divorce purposes, meaning community property rules apply and you must go through a formal divorce proceeding to dissolve it.

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This guide is for informational purposes only and does not constitute legal advice. Texas laws may change. Consult a licensed Texas attorney for guidance specific to your situation.