Divorce in Texas

Is Texas a no-fault divorce state?

Yes. Texas allows a no-fault divorce on the ground of insupportability, which simply means the marriage has become unworkable because of discord with no reasonable expectation of reconciliation (Texas Family Code § 6.001). The large majority of Texas divorces proceed on this ground, and one spouse can obtain a divorce even if the other objects.

Texas also keeps several fault grounds, which a spouse may plead in addition to or instead of insupportability:

• Cruelty (§ 6.002), where treatment renders living together insupportable.
• Adultery (§ 6.003).
• Conviction of a felony (§ 6.004), where the spouse was imprisoned for at least one year and not pardoned. This ground is not available if the conviction rested on the other spouse's testimony.
• Abandonment (§ 6.005), where the spouse left voluntarily with the intent to abandon and stayed away for at least one year.

Two more grounds involve no wrongdoing at all and function much like no-fault: living apart without cohabitation for at least three years (§ 6.006) and confinement in a mental hospital for at least three years where recovery is unlikely (§ 6.007).

Why plead fault when no-fault is available? Because fault, when proven, can influence how a judge divides the marital estate and, in narrow circumstances, can bear on spousal maintenance. That said, fault adds cost and proof burdens, so it is a strategic decision rather than a default.

How long do you have to live in Texas to file?

To file for divorce in Texas, at least one spouse must have been a domiciliary of Texas for the preceding six months and a resident of the county where the case is filed for the preceding 90 days (Texas Family Code § 6.301).

Domicile means more than physically being here. It means living in Texas with the intent to remain. The 90-day county requirement is what fixes which district court has authority over the case, so moving to a new county generally restarts that 90-day clock even for a long-time Texas resident.

If you live in another state but your spouse meets the Texas requirements, you can still file in the county where your spouse resides (§ 6.302). Time spent outside Texas while serving in the armed forces, or accompanying a spouse who is serving, still counts toward these periods (§ 6.303).

If you recently moved or could file in another state, see how Texas and Nevada divorce compare.

What are the stages of a Texas divorce?

A Texas divorce moves through a predictable sequence. An uncontested case can finish shortly after the mandatory waiting period; a contested case works through each stage below.

1. File the petition. One spouse (the petitioner) files an Original Petition for Divorce in the district court of a qualifying county and pays the filing fee, which varies by county.
2. Service. The other spouse (the respondent) is formally served, or signs a Waiver of Service to avoid being served.
3. Answer. If served, the respondent's answer is due by 10:00 a.m. on the Monday after 20 days have passed from the date of service (Texas Rules of Civil Procedure, Rule 99). Missing that deadline risks a default judgment.
4. Temporary orders. Either spouse can ask the court for interim orders on custody, support, use of the home, and conduct while the case is pending.
5. Discovery and sworn inventory. The spouses exchange financial information and prepare a sworn Inventory and Appraisement listing assets and debts.
6. Mediation. Most Texas courts expect the parties to attempt mediation before trial, and most cases settle there.
7. Prove-up or trial. An agreed divorce is finalized at a short prove-up hearing, or by an e-filed decree in many counties. A contested divorce goes to trial.
8. Final Decree. The judge signs the Final Decree of Divorce, which legally ends the marriage.

If you and your spouse agree on everything, the faster path is an uncontested divorce in Texas.

How is property divided in a Texas divorce?

Texas is a community property state. Property and debt acquired during the marriage are presumed community and are divided by the court, while separate property is confirmed to the spouse who owns it and is not divided.

Community property is generally everything either spouse acquires during the marriage other than by gift or inheritance. Separate property is what a spouse owned before marriage, plus anything received during marriage by gift, inheritance, or as recovery for personal injuries, other than lost earning capacity (§ 3.001, § 3.002).

The court does not simply split the community estate down the middle. It divides the estate in a way that is just and right (§ 7.001), which can be unequal. Judges may weigh factors such as each spouse's earning capacity, health, fault in the breakup, who has primary care of the children, and any wasting of community assets.

For the full rules on what counts as community property and how a court splits it, see our guide to Texas community property.

How does child custody work in Texas?

Texas splits custody into two ideas: conservatorship, which is legal decision-making and rights, and possession and access, which is parenting time. Every decision is governed by the child's best interest (§ 153.002).

Courts presume that parents should serve as joint managing conservators, sharing rights and duties, with one parent usually holding the exclusive right to decide the child's primary residence (§ 153.131). That presumption gives way where there is credible evidence of family violence or abuse, in which case the court must put the child's safety first (§ 153.004).

Parenting time usually follows the Standard Possession Order. The law presumes the Standard Possession Order is in the best interest of a child three years or older (§ 153.252), and the schedule itself is driven by how far apart the parents live:

• 50 miles or less: the Expanded Standard Possession Order is the default unless it is shown not to be in the child's best interest.
• 50 to 100 miles: the Standard Possession Order applies, with the expanded schedule available on request.
• More than 100 miles: a long-distance schedule applies, typically 42 days in the summer and spring break every year.

The presumption does not apply to a child under three, where the judge crafts a schedule from all relevant factors. A court can also deviate from the standard schedule when it would be unworkable or not in the child's best interest, and must give written reasons on request.

For how conservatorship, possession schedules, and modifications work in detail, see our full guide to child custody in Texas.

How is child support calculated in Texas?

Texas uses a percentage of the paying parent's monthly net resources, based on the number of children, applied up to a statutory cap of $11,700 per month (§ 154.125). That cap rose from $9,200 effective September 1, 2025.

Net resources start with income from nearly all sources, then subtract a limited set of items: federal income tax figured at the single-filer rate, Social Security and Medicare taxes, union dues, and the cost of the child's health and dental insurance (§ 154.062). Texas has no state income tax, so there is no state-tax deduction. A new spouse's income is not counted (§ 154.069).

For a parent earning more than $11,700 in net resources, the percentages stop at the cap. A court can still order support above the guideline amount, but only when the receiving parent proves the child has specific needs that exceed it (§ 154.126), such as significant medical, therapeutic, or educational costs.

You can model a figure with the Office of the Attorney General's calculator, linked in the sources below, but the output is a starting point, not a guarantee, because courts retain discretion to deviate.

To estimate a number under the Texas guidelines, use our Texas child support calculator.

Does Texas have alimony?

Texas has court-ordered spousal maintenance, but it is one of the most restrictive alimony regimes in the country. Courts begin with a rebuttable presumption that maintenance is not warranted (§ 8.053), and the spouse asking for it carries the burden to prove otherwise.

To even be eligible, a spouse must first show they lack enough property, including what they receive in the divorce, to meet their minimum reasonable needs, and then fit one of four categories (§ 8.051):

• The other spouse was convicted of, or received deferred adjudication for, family violence within two years before filing or while the case is pending.
• The marriage lasted 10 years or longer and the requesting spouse cannot earn enough to meet minimum reasonable needs.
• The requesting spouse has a physical or mental disability that prevents self-support, regardless of how long the marriage lasted.
• The requesting spouse cares for a child of the marriage who has a disability requiring substantial care.

If a court does award maintenance, the amount is capped at the lesser of $5,000 per month or 20 percent of the paying spouse's average monthly gross income (§ 8.055). Courts rarely award the maximum; the award is tied to what the receiving spouse actually needs.

Separate from court-ordered maintenance, spouses can agree to contractual alimony in a settlement. That agreement is not bound by the caps or duration limits, but it is enforced as a contract and is generally harder to change later. For divorces finalized after 2018, maintenance is not tax-deductible by the payer and is not taxable income to the recipient.

For who qualifies, the $5,000 or 20 percent cap, and how long it lasts, see our full guide to alimony in Texas.

How much does a divorce cost in Texas?

At a minimum, a divorce costs the court filing fee, which varies by county and generally falls in the range of roughly $300 to $400. If you cannot afford it, the fee can be waived by filing a Statement of Inability to Afford Payment of Court Costs.

Beyond the filing fee, the total cost depends mostly on one thing: whether the divorce is agreed or contested. An uncontested divorce, where the spouses agree on property, custody, and support, is far less expensive because it skips contested discovery, multiple hearings, and trial. A contested case adds professional time at every stage. Other variable costs can include mediation, expert valuations of a business or retirement accounts, and service of process.

What should you not do during a Texas divorce?

A few avoidable missteps cause more damage than almost anything else. As general guidance, not advice on your case:

• Do not hide, move, or spend down marital assets. Concealing or wasting community property can be treated as fraud on the community and counted against you when the estate is divided.
• Do not violate temporary orders. Once a court issues interim orders on the children, finances, or conduct, ignoring them invites contempt and undermines your credibility.
• Do not move a child out of the area without the other parent's agreement or a court order. Geographic restrictions are common and taken seriously.
• Do not sign documents you do not fully understand. Settlement terms and waivers can be difficult to undo.
• Do not treat social media as private. Posts are routinely used as evidence in custody and property disputes.

Common myths about Texas divorce

"A wife is automatically entitled to half, plus support."

Texas law is gender-neutral. There is no automatic entitlement based on whether you are a wife or a husband. Outcomes are driven by the just-and-right division of community property, the children's best interest, the child support guidelines, and the narrow maintenance criteria above. A long marriage or a large income gap does not, by itself, guarantee maintenance.

"There is a 10-10-10 rule in Texas."

There is no "10-10-10 rule" in a Texas divorce. The phrase usually reflects a mix-up between two unrelated things: the federal military rule that allows direct payment of a share of retired pay through DFAS when a marriage and military service overlap for 10 years, which affects how a division is paid rather than whether one is owed, and Texas's separate 10-year marriage threshold for spousal maintenance eligibility. Neither creates an automatic award.

"We have to agree on fault to get divorced."

No. Because Texas allows no-fault divorce on the ground of insupportability, one spouse can obtain a divorce even if the other disagrees or refuses to participate.

One area people get wrong is common law marriage in Texas, which is real but has strict requirements.