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Texas law

Family Laws in Texas.

Texas is a community property state — property acquired during the marriage is generally divided 50/50 upon divorce. The state uses a "best interests of the child" standard for custody decisions with no presumption in favor of either parent. Texas recognizes "conservatorship" rather than "custody," with managing and possessory conservators. There is a 6-month residency requirement and a 60-day waiting period before a divorce can be finalized.

Last verified: 2026-02-25

State law

Statute of Limitations

Varies by action typeTex. Fam. Code § 6.702

There is no statute of limitations for filing for divorce. However, property fraud claims must be brought within 2 years. Child custody and support modifications require a material and substantial change in circumstances and have no fixed limitation.

State law

Filing Requirements

Divorce Filing FeeVaries by county (~$250-$350)

Filing fees for divorce in Texas vary by county, typically ranging from $250 to $350. Fee waivers are available for those who qualify.

Residency RequirementTex. Fam. Code § 6.301

At least one spouse must have been a domiciliary of Texas for at least 6 months and a resident of the filing county for at least 90 days before filing.

Texas has a mandatory 60-day waiting period from the date the divorce petition is filed. The divorce cannot be finalized until at least 60 days after filing.

State law

Key Texas Statutes

Best Interests of the Child (Conservatorship)Tex. Fam. Code § 153.002

Courts determine custody based on the best interests of the child. There is no presumption favoring either parent based on gender. Texas favors joint managing conservatorship (shared decision-making) unless there is evidence of family violence or abuse.

Community Property DivisionTex. Fam. Code § 3.002

All property acquired during marriage is presumed community property and is subject to a "just and right" division upon divorce, which is typically 50/50 but can be adjusted based on factors like fault in the breakup, earning capacity, and child custody.

Spousal Maintenance (Alimony)Tex. Fam. Code § 8.051–8.055

Texas courts may award spousal maintenance if the marriage lasted 10+ years and the requesting spouse lacks sufficient property or earning ability. Maintenance is generally limited to 5 years for marriages of 10-20 years, 7 years for 20-30 years, and 10 years for 30+ years. The maximum amount is $5,000/month or 20% of average monthly gross income, whichever is less.

Child Support GuidelinesTex. Fam. Code § 154.125–154.126

Texas uses a percentage-of-income model. For one child, the guideline amount is 20% of the obligor's net resources. The percentage increases with additional children (25% for two, 30% for three, etc.).

Protective OrdersTex. Fam. Code § 85.001

Victims of family violence can obtain a protective order requiring the abuser to stay away, vacate the residence, and surrender firearms. Violations are criminal offenses punishable by up to 1 year in jail.

State law

Official Sources

Not Legal Advice

This page summarizes publicly available statutes and rules for informational purposes only. It does not constitute legal advice, and no attorney-client relationship is created by viewing this content. Laws change — always verify with the primary source or consult a licensed attorney in Texas.

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