Divorce Laws In Texas (2026): Your Complete Survival Guide

Most people think getting divorced in Texas is simple. Just file some papers and you’re done, right?

Wrong. Texas has specific rules you need to follow. The penalties for getting it wrong can cost you thousands of dollars. Plus, you could lose time with your kids.

Let’s break down exactly what you need to know about Texas divorce laws in 2026.

What Is Divorce in Texas?

Divorce legally ends your marriage. Texas calls it “dissolution of marriage.” Same thing.

The state has rules about who can file. You need to meet certain requirements first. These aren’t suggestions. They’re mandatory.

Here’s the deal. Texas offers two main types of divorce. No-fault divorce is the most common. Fault-based divorce is also available if you can prove specific wrongdoing.

Basic Requirements to File for Divorce

Residency Rules

You can’t just move to Texas and immediately file for divorce. The law requires you to live here first.

At least one spouse must live in Texas for six months. That’s a hard rule. No exceptions.

You also need to live in the county for 90 days. This is where you’ll file your papers. Pick the county where either you or your spouse lives.

Wondering if this applies to you? If you just moved to Texas, you’ll need to wait. New residents have to meet these requirements before filing.

The 60-Day Waiting Period

Texas law requires a mandatory 60-day waiting period. This starts the day you file your divorce petition. The court cannot finalize your divorce before day 61.

Think of it as a cooling-off period. The state wants you to be sure about your decision. Honestly, this is probably the most important rule to remember.

The waiting period applies to almost everyone. Both contested and uncontested divorces must wait. Even if you and your spouse agree on everything, you still wait 60 days.

Hold on, this part is important. There are two exceptions to the 60-day rule.

Family violence changes everything. If your spouse was convicted of family violence, the wait might be waived. The same applies if you have an active protective order against your spouse.

Types of Divorce in Texas

No-Fault Divorce

This is the easiest way to get divorced in Texas. You don’t need to prove anyone did anything wrong.

The legal term is “insupportability.” This means your marriage has broken down. There’s no reasonable chance you’ll get back together.

You don’t need your spouse’s permission. Texas allows no-fault divorce even if your spouse disagrees. The court will grant it based on your testimony alone.

Pretty straightforward. About 90% of Texas divorces are no-fault.

Fault-Based Divorce

Sometimes you want to prove your spouse was at fault. Texas law allows this. But you’ll need solid evidence.

Valid fault grounds include:

Cruelty (physical or mental abuse)
Adultery
Conviction of a felony
Abandonment for at least one year
Living apart for at least three years
Confinement in a mental hospital

Proving fault is harder than no-fault. You need evidence. Photos, witnesses, documentation. Not just your word.

Why would you choose fault-based divorce? It can affect property division. It can also influence alimony decisions. The court might give you a bigger share of assets if your spouse was at fault.

Community Property: What Gets Divided

Texas is a community property state. This confuses a lot of people. Let me break it down.

What Is Community Property?

Community property means most things you acquire during marriage belong to both of you. Doesn’t matter whose name is on the title. Doesn’t matter who earned the money.

If you bought it while married, it’s probably community property. This includes:

Wages and salaries
Houses and cars
Bank accounts and investments
Retirement accounts
Furniture and personal items
Business interests
Debts and credit card bills

Yep, debts count too. You both own them equally.

Separate Property

Some things stay separate. These belong to only one spouse.

Separate property includes:

Property owned before marriage
Gifts received by one spouse
Inheritances
Personal injury settlements (except lost wages)

The key is proving something is separate property. You need clear and convincing evidence. Keep those receipts and documents.

Most people assume this is easy. They find out the hard way it’s not.

How Courts Divide Property

Texas courts divide community property in a “just and right” manner. This doesn’t always mean 50/50. The judge has discretion.

Courts consider several factors:

Each spouse’s earning capacity
Who gets custody of the children
Education levels
Health conditions
Fault in the marriage (if proven)
Benefits the innocent spouse would have received

A 50/50 split is most common. But the court can order 60/40 or 70/30 if circumstances warrant it.

Sound complicated? It is. This is where most divorces get contentious.

Child Custody and Support Changes for 2025-2026

New Child Support Cap

Big changes hit Texas on September 1, 2025. The child support cap increased from $9,200 to $11,700 per month. This is the largest increase in state history.

What does this mean? Higher-earning parents now pay more in child support. The new cap applies to cases filed after September 1, 2025.

If you already have a child support order, it stays the same. Unless you file for a modification.

Child Support Percentages

Texas uses percentages based on net monthly income. Here’s the breakdown:

1 child: 20% of net income
2 children: 25% of net income
3 children: 30% of net income
4 children: 35% of net income
5+ children: 40% of net income

The court calculates your net income first. This is your gross income minus taxes, insurance premiums, and union dues.

Custody Arrangements

Texas law presumes joint managing conservatorship. This means both parents share decision-making responsibilities. It doesn’t necessarily mean equal time.

The Expanded Standard Possession Order (ESPO) is now the default schedule. This gives the noncustodial parent more time with the kids. Thursday overnight visits and extended weekends are included.

ESPO applies automatically if parents live within 50 miles of each other. Previously, you had to request it. Now it’s standard.

Honestly, this is a good change. Kids benefit from seeing both parents regularly.

Family Violence Protections

New laws strengthen protections for victims of family violence. Judges must review all protective orders before making custody decisions.

If there’s a history of family violence, the judge can modify custody arrangements. Safety comes first. The court prioritizes protecting children and victims.

Spousal Maintenance (Alimony)

Texas calls alimony “spousal maintenance.” Not everyone gets it. The requirements are strict.

Who Qualifies?

You might qualify for spousal maintenance if:

Your spouse was convicted of family violence within two years of filing
You lack sufficient property to meet your minimum reasonable needs
You can’t support yourself due to disability
You’re the custodian of a disabled child
The marriage lasted at least 10 years and you lack earning ability

The marriage length matters for most cases. Generally, you need at least 10 years of marriage. Exceptions exist for family violence cases.

How Much and How Long?

Spousal maintenance is temporary. The court orders it for the shortest time necessary.

Maximum amounts depend on marriage length:

10-20 years: Up to 5 years of support
20-30 years: Up to 7 years of support
30+ years: Up to 10 years of support

Monthly payments can’t exceed $5,000 or 20% of the paying spouse’s gross income. Whichever is less.

Most people don’t realize how limited spousal maintenance is in Texas. It’s not like alimony in other states.

Contested vs. Uncontested Divorce

Uncontested Divorce

Both spouses agree on everything. Property division, child custody, support. All of it.

Uncontested divorces are faster and cheaper. You can finalize it on day 61 after filing. Some couples handle this without lawyers.

Texas provides free forms for simple uncontested divorces. Check TexasLawHelp.org for resources.

Contested Divorce

You disagree on major issues. Maybe it’s property division. Maybe it’s child custody. Maybe it’s everything.

Contested divorces take longer. Months or even years. They cost more too. Attorney fees add up quickly.

The court schedules hearings. Both sides present evidence. A judge makes the final decisions.

Wait, it gets worse. Contested divorces create more stress. They damage relationships. They hurt kids.

Try mediation first. Many courts require it anyway. A neutral mediator helps you negotiate. It’s cheaper than court battles.

Filing for Divorce: Step by Step

Prepare Your Documents

Gather financial information first. Bank statements, tax returns, property deeds, retirement accounts. Everything.

Make copies of important documents. Marriage certificate, birth certificates for kids, insurance policies.

List all your assets and debts. Be thorough. Hiding assets is illegal and will backfire.

File the Original Petition

One spouse files the Original Petition for Divorce. You can file electronically in most Texas counties. Visit eFileTexas.gov for instructions.

Filing fees vary by county. Expect to pay $250-$350. If you can’t afford the fee, file an Affidavit of Inability to Pay Court Costs.

The person who files is called the petitioner. The other spouse is the respondent.

Serve Your Spouse

Your spouse must receive official notice. This is called service of process.

If your spouse cooperates, they can sign a Waiver of Service. This is the easiest method.

If not, hire a process server. They’ll deliver the papers in person. Costs about $50-$100.

Your spouse has 20 days to respond. If they don’t respond, you can request a default judgment.

Temporary Orders

During the 60-day waiting period, you can request temporary orders. These address immediate needs.

Temporary orders can cover:

Who lives in the family home
Child custody and visitation
Child support payments
Use of vehicles
Payment of bills

These orders stay in effect until the divorce is final.

Negotiate or Go to Trial

Most cases settle out of court. Negotiation saves time and money.

If you can’t agree, the case goes to trial. A judge hears evidence from both sides. The judge makes binding decisions.

Trial dates can be months away. Courts are busy. Be patient.

Final Decree of Divorce

The judge signs the Final Decree of Divorce. This officially ends your marriage.

The decree specifies property division, custody arrangements, and support obligations. Read it carefully. Make sure everything is correct.

Once signed, the divorce is final. You’re legally single again.

Remarriage Rules

You can’t remarry immediately after divorce. Texas requires a 30-day waiting period.

This applies only to marrying a new person. If you want to remarry your ex-spouse, there’s no waiting period.

The court can waive the 30-day rule for good cause. But that’s rare.

Costs of Divorce in Texas

Filing fees are just the beginning. Court costs run $250-$350.

Attorney fees vary widely. Uncontested divorces might cost $1,500-$5,000. Contested divorces can reach $15,000-$30,000 or more.

Other costs include:

Process server fees: $50-$100
Mediation: $100-$300 per hour
Property appraisals: $300-$500
Expert witnesses: $200-$500 per hour
Court reporter fees: $200-$400

Save money by staying organized. Respond promptly to requests. Avoid unnecessary arguments.

Recent Legal Developments

No-Fault Divorce Remains Legal

Texas lawmakers attempted to eliminate no-fault divorce in 2025. House Bill 3401 failed. No-fault divorce is still available.

This debate isn’t over. Conservative groups continue pushing for stricter divorce laws. Future legislative sessions might revisit this issue.

For now, you can still get divorced without proving fault.

Project 2025 Discussions

Some groups are proposing major changes to divorce laws. These proposals could affect fault-based divorce procedures.

Nothing is final yet. But stay informed about potential changes. They could impact your case.

Protecting Yourself During Divorce

Financial Protection

Open your own bank account. Use your own money for expenses.

Document everything. Take photos of valuable property. Copy financial records. Save emails and text messages.

Cancel joint credit cards. You’re liable for charges your spouse makes during the divorce.

Monitor your credit report. Make sure your spouse isn’t opening accounts in your name.

Emotional Protection

Divorce is stressful. Seek support from friends, family, or a therapist.

Don’t make major decisions immediately. Wait until emotions settle.

Avoid badmouthing your spouse to your kids. This damages them more than you realize.

Focus on your future. Not on getting revenge.

Legal Protection

Hire an attorney if you can afford one. They know the law and protect your rights.

If you can’t afford an attorney, use free legal resources. TexasLawHelp.org offers forms and guides.

Follow court orders exactly. Violations can hurt your case.

Common Mistakes to Avoid

Don’t hide assets. Courts hate this. Judges penalize spouses who hide property.

Don’t ignore deadlines. Missing court dates or filing deadlines damages your case.

Don’t use kids as weapons. Courts prioritize children’s best interests. Using them against your spouse backfires.

Don’t post on social media. Everything you post can be used against you. Seriously. Just stay off social media.

Don’t make major purchases. Wait until the divorce is final. Large purchases look suspicious.

Resources and Help

Free Legal Resources

TexasLawHelp.org provides free forms and instructions. They have toolkits for divorces with and without children.

Texas RioGrande Legal Aid helps low-income residents. Check if you qualify for free legal services.

Child Support Services

Texas Attorney General’s Office handles child support enforcement. They help establish and collect support payments.

Call 1-800-252-8014 for assistance. Or visit texasattorneygeneral.gov.

Domestic Violence Resources

Texas Council on Family Violence operates a hotline. Call 1-800-799-7233 for help 24/7.

Local shelters provide emergency housing. They also offer counseling and legal advocacy.

Frequently Asked Questions

Can I get a divorce if my spouse doesn’t want one?

Yes. Texas is a no-fault divorce state. You don’t need your spouse’s consent. The court will grant the divorce based on insupportability.

How long does a Texas divorce take?

Minimum 60 days from filing. Uncontested divorces often finalize around day 61. Contested divorces take months or years depending on complexity.

Do I need a lawyer to get divorced in Texas?

Not legally required. Simple uncontested divorces can be handled without lawyers. But having an attorney protects your rights and prevents costly mistakes.

Can I change my name back during the divorce?

Yes. Include this request in your Original Petition for Divorce. The judge will approve it in the Final Decree.

What happens to our house in the divorce?

It depends. If purchased during marriage, it’s community property. The court will either award it to one spouse or order it sold. The proceeds would be divided.

Final Thoughts

Divorce in Texas follows specific rules. The 60-day waiting period applies to almost everyone. Community property gets divided fairly, not necessarily equally.

New laws in 2025 increased child support caps. Family violence protections are stronger. The ESPO schedule gives noncustodial parents more time with kids.

Stay organized during your divorce. Keep good records. Follow court orders. Consider mediation before going to trial.

And remember, you’re not alone. Thousands of Texans go through divorce every year. Resources are available to help you.

Now you know the basics. Stay informed, stay safe, and when in doubt, consult a qualified family law attorney.

References

Texas Family Code Chapter 6 (Dissolution of Marriage) – https://statutes.capitol.texas.gov/Docs/FA/htm/FA.6.htm
Texas Family Code Chapter 7 (Property Division) – https://statutes.capitol.texas.gov/Docs/FA/htm/FA.7.htm
Texas Family Code Chapter 154 (Child Support) – https://statutes.capitol.texas.gov/Docs/FA/htm/FA.154.htm
Texas State Law Library Divorce Guide – https://guides.sll.texas.gov/divorce
TexasLawHelp.org Divorce Resources – https://texaslawhelp.org/article/divorce-in-texas
Texas Attorney General Child Support Division – https://www.texasattorneygeneral.gov/child-support
Terry & Roberts Law: 2025 Texas Divorce Law Updates – https://terryandrobertslaw.com/blog/texas-divorce-law-updates/