Texas divorce law lives primarily in Texas Family Code Title 1 (Marriage), with related provisions in Chapters 3 (community vs. separate property), 7 (just-and-right division), 8 (spousal maintenance), and Title 5 (Chapters 152–157 on the parent-child relationship). A Texas court grants divorce on a no-fault ground (insupportability under § 6.001) or one of six fault grounds (§§ 6.002–6.007), divides community property just-and-right under § 7.001, addresses conservatorship and possession under Chapter 153 with the child’s best interest controlling under § 153.002, calculates child support under Chapter 154 guidelines, and considers spousal maintenance under Chapter 8.
Scope: this article explains the Texas legal framework for divorce. It is intended as an entry point for understanding how texas law governs the divorce process: more detail on each topic is available in companion resources.
Single audience: a Texas spouse researching divorce laws and the legal system governing marriage dissolution.
Title 1 of the Texas Family Code Governs Texas Divorce
Texas Family Code Title 1 (Marriage) is the principal source of Texas divorce law. Title 1 includes Chapter 6 (Suit for Dissolution of Marriage) and Chapter 7 (Award of Marital Property). Related authorities include Texas Family Code Chapter 3 (Marital Property Rights and Liabilities), Chapter 8 (Maintenance), and Title 5 (The Parent-Child Relationship: Chapters 152–157).
The family law framework in Texas applies equally to opposite-sex and same-sex marriages. Void and voidable marriage statutes under Chapter 6 address underage or invalid marriages with specific conditions, but once a valid marital relationship exists, the same divorce proceedings apply regardless of the spouses’ genders.
Texas Family Code § 1.107 abolished the civil torts of criminal conversation and alienation of affection, foreclosing third-party tort liability in family-law disputes. This means that when adultery or similar fault grounds exist in a divorce case, the third party cannot be sued under those old common-law causes of action.
Residency: Tex. Fam. Code § 6.301 and § 6.302
Under Tex. Fam. Code § 6.301, a Texas suit for divorce may not be maintained unless, at the time of filing, either the petitioner or the respondent has been a domiciliary of Texas for the preceding six months AND a resident of the filing county for the preceding 90 days. To file for a divorce in Texas, at least one spouse must have lived in Texas for the six months preceding the filing, and in the county where the divorce is filed for at least 90 days.
Tex. Fam. Code § 6.302 provides a military-service exception: time spent by a Texas domiciliary outside Texas while on military service is generally counted toward the residency requirement. Military personnel stationed outside of Texas can file for divorce in Texas, and time spent outside the state while serving counts as residency in Texas.
If one spouse lives in Texas and the other spouse does not, the spouse who does not live in Texas can file for divorce in the county where the Texas-resident spouse resides. Texas family law applies equally to opposite-sex and same-sex marriages.
Grounds: No-Fault Under § 6.001 vs. Fault Grounds Under §§ 6.002–6.007
Texas is BOTH a no-fault and a fault-grounds state. Texas recognizes both “no-fault” and “fault” grounds for divorce. A Texas petitioner may plead the no-fault ground of insupportability under § 6.001 (the marriage has become insupportable because of discord or conflict of personalities that destroys the legitimate ends of the marriage relationship and prevents any reasonable expectation of reconciliation), one or more of the six fault grounds under §§ 6.002–6.007, or both in the alternative.
Texas is a no-fault divorce state, meaning a divorce can be granted without the need for one spouse to prove fault, as long as there is a conflict of personalities and no reasonable expectation of reconciliation. This ground is sometimes referred to as irreconcilable differences in common parlance, though the statute uses the term “insupportability.”
The Texas Family Code outlines seven specific grounds for divorce, with only the first being no-fault, while the remaining six require one spouse to assign blame to the other spouse. In addition to no-fault grounds, Texas recognizes several fault-based grounds for divorce, including cruelty (cruel treatment under § 6.002), adultery (§ 6.003), felony conviction with at least one year imprisonment (§ 6.004), abandonment where one spouse left with intent to abandon for at least one year (§ 6.005), living apart for at least three years without cohabitation (§ 6.006), and confinement in a mental hospital for at least three years with prognosis that adjustment is unlikely (§ 6.007).
Most Texas divorces are pled under § 6.001 alone. Where pled, fault may be considered in the just-and-right property division under § 7.001 and as a § 8.052 factor in spousal maintenance. Texas courts consider fault grounds when determining what constitutes a just and right division of the marital estate, though fault does not automatically reduce one party’s share.
Texas Family Code § 6.008 addresses defenses to divorce. Recrimination and adultery as defenses are abolished, though condonation remains a defense if the court finds a reasonable expectation of reconciliation.
The 60-Day Waiting Period Under Tex. Fam. Code § 6.702
Tex. Fam. Code § 6.702 prohibits a Texas court from granting a divorce sooner than the 60th day after the suit is filed. A mandatory 60-day waiting period is required in Texas after filing for divorce before it can be finalized, except in certain limited cases. The 60-day period runs from filing, not from service of the divorce papers.
Section 6.702(c) provides two narrow exceptions: (1) the respondent has been finally convicted of or received deferred adjudication for an offense involving family violence against the petitioner or a member of the petitioner’s household; or (2) the petitioner has an active protective order under Title 4 against the respondent because of domestic violence during the marriage.
Agreement between the parties is NOT an exception to the waiting period. Even in an uncontested divorce where one or both parties have agreed on all terms, Texas courts cannot finalize the divorce decree until the 60-day period has elapsed.
Property Division: Community vs. Separate Under §§ 3.001–3.003 and Just-and-Right Under § 7.001
Texas is a community property state. Under Tex. Fam. Code § 3.001, separate property is property owned or claimed before marriage, property acquired during marriage by gift, devise, or descent, and certain personal-injury recoveries. Separate property in Texas includes assets owned by either spouse before the marriage, inheritances, gifts received by one spouse, and personal injury awards, which are not subject to division in divorce proceedings.
Under § 3.002, community property is property acquired by either spouse during marriage other than separate property. Texas is a community property state, meaning that most assets and debts acquired during the marriage are considered jointly owned by both spouses, including income, real estate, retirement accounts, and other assets accumulated during the marriage. This includes both real property and personal property acquired during the marital relationship.
Tex. Fam. Code § 3.003 establishes a community-property presumption: all property possessed by either spouse during or on dissolution of marriage is presumed community property, rebuttable by clear and convincing evidence. A spouse seeking to characterize marital property as separate must overcome this presumption.
Tex. Fam. Code § 7.001 directs the court to divide the parties’ estate in a manner the court deems just and right, having due regard for the rights of each party and any children of the marriage. The division of community property in Texas is guided by the principle of equitable distribution, meaning that while the division is not necessarily equal, it must be just and fair based on various factors considered by the court. Just-and-right division is NOT 50/50; Texas courts and the supreme court have repeatedly emphasized the trial court’s broad discretion.
Factors a Texas court may consider in property division include disparity of incomes, fault in the breakup (where pled under §§ 6.002–6.007), separate property of each spouse, contributions as homemaker, the needs of any children involved, and future financial needs of each party. A qualified domestic relations order may be necessary to divide retirement accounts and similar assets.
Tex. Fam. Code § 3.402 authorizes reimbursement claims where one marital estate benefited another (for example, community funds paid down a mortgage on one spouse’s separate-property home). Courts may also address actual or constructive fraud on the community under § 7.001(c), reconstituting the estate where one party dissipated assets.
Property division in a final divorce decree is generally NOT modifiable after the deadline for appeal: final decrees of divorce are subject to res judicata and may be set aside only on narrow grounds such as fraud or mutual mistake.
Children: Conservatorship and Possession Under Tex. Fam. Code Chapter 153
In Texas, “custody” refers to conservatorship, with the law presuming that both parents’ involvement is in the child’s best interests. Texas uses the term “conservatorship” rather than “custody” in formal legal proceedings. Tex. Fam. Code § 153.002 makes the best interest of the child the primary consideration in all child custody determinations.
Tex. Fam. Code § 153.131 presumes that appointing both parents as joint managing conservators is in the child’s best interest, absent specific findings. In Texas, child custody arrangements can be awarded as joint or sole custody, with joint custody allowing both parents to share decision-making responsibilities for the child.
The best interests of the child are the primary consideration in Texas custody decisions, with courts evaluating factors such as the child’s emotional and physical needs and the stability of each parent’s home environment. Texas courts evaluate “best interest” under the non-exhaustive Holley factors articulated in Holley v. Adams, 544 S.W.2d 367 (Tex. 1976): the child’s desires, the child’s emotional and physical needs now and in the future, emotional and physical danger now and in the future, parental abilities, programs available to assist parents, plans for the child, stability of the proposed placement, acts or omissions of the parent indicating the existing relationship is not proper, and any excuse for those acts or omissions.
Tex. Fam. Code § 153.004 removes the joint-managing-conservator presumption upon a finding of a history of family violence and prohibits the appointment of joint managing conservators if credible evidence is presented of a history or pattern of past or present child neglect or physical or sexual abuse. In cases involving domestic violence, sole custody may be more appropriate.
Tex. Fam. Code § 153.009 permits a Texas court to interview a child age 12 or older about the child’s wishes regarding conservatorship and possession; the child’s preference is one factor, not controlling.
A Standard Possession Order is commonly used in Texas to outline visitation schedules for the non-primary parent. Possession schedules are governed by the Standard Possession Order under Tex. Fam. Code §§ 153.311–153.317 and the Expanded Standard Possession Order; courts may adopt other schedules where supported by the facts.
If children are involved, the final decree in a Texas divorce must include orders for custody, visitation, and child support based on the child’s best interest. If parents cannot agree on issues of custody, child support, and visitation, the court will decide these issues during divorce proceedings in Texas.
Child Support Under Tex. Fam. Code Chapter 154
Texas child support is calculated under guidelines in Tex. Fam. Code Chapter 154. Tex. Fam. Code § 154.125 sets guideline percentages of the obligor’s “net resources” as defined in § 154.062: 20% for one child, 25% for two, 30% for three, 35% for four, and 40% for five or more, with not less than 40% for six or more minor children.
Tex. Fam. Code § 154.062(b) lists components of net resources (wages, self-employment income, rental income, etc.) and § 154.062(d) lists permitted deductions (income tax, Social Security tax, child’s medical/dental insurance, union dues). Effective September 1, 2025, Texas increased the statutory cap on net monthly resources from approximately $9,200 to $11,700. Guideline percentages apply only up to that cap. For example, for one child, the maximum guideline amount is approximately $2,340/month; for two children approximately $2,925; for three approximately $3,510.
Section 154.125(a) caps guideline application at a specific dollar level of monthly net resources, updated periodically by the Texas Office of the Attorney General: the current cap should be confirmed at oag.texas.gov. Courts may order child support amounts above the guideline only if proven needs of the child exceed the guideline amount under § 154.126.
Medical support and dental support are addressed under Tex. Fam. Code §§ 154.181–.187. Court orders must require health insurance coverage for minor children, and uninsured medical costs are typically split proportionately between parents as financial support obligations.
Child support orders do not automatically update when the law changes: parties must initiate modification proceedings to adjust support amounts based on updated guidelines or changed circumstances.
Spousal Maintenance Under Tex. Fam. Code Chapter 8
In Texas, spousal support is referred to as spousal maintenance and is not automatically granted in divorce cases; eligibility is determined by specific criteria. Spousal maintenance in Texas is governed by Tex. Fam. Code Chapter 8 and is more limited than alimony in many other states.
Eligibility under § 8.051 generally requires either: (a) a family-violence conviction or deferred adjudication of the other spouse against the requesting spouse or that spouse’s child within two years before filing or while suit is pending; OR (b) the requesting spouse will lack sufficient property (enough property) to provide for minimum reasonable needs AND meets one of the additional criteria:
- Inability to earn sufficient income (enough money) due to a physical or mental disability
- Custodian of a child of the marriage who requires substantial care due to physical or mental disability
- Marriage lasted at least 10 years and spouse is unable to earn sufficient income despite diligent efforts
A spouse may be entitled to spousal support if they lack sufficient property to provide for their minimum reasonable needs, have been married for at least ten years, or are unable to earn sufficient income due to a physical or mental disability.
Tex. Fam. Code § 8.052 lists factors a court considers in setting amount and duration, including each spouse’s financial resources, education, employment skills, duration of the marriage, age, employment history, contribution by one spouse to the education of the other, marital misconduct (including adultery and cruel treatment), and family-violence findings. The court also considers whether either party if one party fails to demonstrate efforts toward self-sufficiency.
Tex. Fam. Code § 8.054 sets duration limits: generally 5 years (marriage 10–20 years), 7 years (marriage 20–30 years), or 10 years (marriage 30+ years), with longer durations available when maintenance is based on disability or custody of a disabled child. Texas courts may award spousal maintenance for the shortest amount of time necessary for the receiving spouse to become self-sufficient, typically considering the length of the marriage and the recipient’s ability to earn income.
Tex. Fam. Code § 8.055 caps monthly amount at the lesser of $5,000 or 20% of the obligor’s average monthly gross income. For example, if a paying spouse earns $10,000/month gross, maximum maintenance is $2,000; if earning $30,000/month, the cap is $5,000. The dollar cap is updated periodically: current amount should be verified against current Tex. Fam. Code § 8.055.
Contractual alimony (parties’ agreement) is not subject to the caps or duration limits imposed under Chapter 8 but must be approved by the court and incorporated into the divorce decree.
Modification After Decree (Tex. Fam. Code Chapter 156)
Post-decree changes to conservatorship, possession, or support are governed by Tex. Fam. Code Chapter 156. Tex. Fam. Code § 156.101 authorizes modification of conservatorship, possession, or access upon a showing of a material and substantial change in circumstances of the child, a conservator, or another party, AND that modification is in the child’s best interest.
Tex. Fam. Code § 156.102 requires an attached affidavit when a suit to change the person with the exclusive right to designate the child’s primary residence is filed within one year of the prior court order.
Tex. Fam. Code § 156.401 governs child-support modifications, allowing modification when circumstances have materially and substantially changed OR three years have passed since the last order with at least a 20% or $100 difference between the existing order and guidelines. Orders do not automatically update when guideline caps change: parties must file for modification.
Property division in a final decree is generally NOT modifiable after the deadline for appeal: final decrees of divorce are subject to res judicata and may be set aside only on narrow grounds such as fraud on the community, misrepresentation, or mutual mistake. Texas courts are reluctant to reopen property division once final.
How a Texas Family Lawyer Can Help
A Texas family law attorney can analyze residency and venue under §§ 6.301–6.302, advise on which ground(s) to plead in the divorce petition, draft pleadings that anticipate property classification disputes under §§ 3.001–3.003, evaluate § 7.001 just-and-right factors specific to the marital estate, structure conservatorship and possession to meet § 153.002 best-interest review, calculate Chapter 154 child support, evaluate Chapter 8 maintenance eligibility, and address any modification or enforcement issues post-decree.
An experienced divorce lawyer can help with temporary orders during proceedings, ensure proper service of divorce papers, engage forensic accountants for complex asset valuation and tracing separate property claims, and present evidence supporting proven needs for amounts above statutory caps. Attorney’s fees and costs vary depending on whether the divorce case is contested or uncontested.
Couples in Texas can file for an “agreed divorce” if both parties agree on all issues, which is generally faster and less expensive than contested divorces. Filing for divorce in Texas requires that one spouse files an “Original Petition for Divorce” and ensures legal notice to the other spouse through proper service.
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Frequently Asked Questions
Q: Is Texas a no-fault divorce state? A: Texas allows both. Tex. Fam. Code § 6.001 authorizes no fault divorce on the ground of insupportability; §§ 6.002–6.007 authorize fault grounds. A petitioner may plead either or both. Texas recognizes both “no-fault” and “fault” grounds for divorce.
Q: How long must someone live in Texas before filing for divorce? A: Tex. Fam. Code § 6.301 requires six months of Texas domicile plus 90 days of residency in the filing county before filing. A military-service exception is available under § 6.302. Military personnel stationed outside of Texas can file for divorce in Texas.
Q: Is property automatically split 50/50 in a Texas divorce? A: No. Tex. Fam. Code § 7.001 directs the court to divide community property “just and right,” which is not required to be 50/50. The just and right division considers multiple factors. Separate property under § 3.001 is not divided.
Q: How long does a Texas divorce take? A: Tex. Fam. Code § 6.702 sets a minimum 60-day waiting period from filing. Contested cases typically take longer depending on complexity. § 6.702(c) provides narrow exceptions for family-violence convictions and active protective orders.
Q: What is “conservatorship” in Texas? A: Texas uses the term “conservatorship” rather than “custody.” Under Tex. Fam. Code § 153.131, joint managing conservatorship is presumed in the child’s best interest absent specific findings. The best-interest standard governs under § 153.002.
Q: How is Texas child support calculated? A: Tex. Fam. Code Chapter 154 applies guideline percentages to the obligor’s “net resources” as defined in § 154.062. § 154.125 sets the percentages: 20%/25%/30%/35%/40% for 1–5 children. The cap on net resources is currently $11,700/month.
Q: Does Texas allow alimony? A: Texas allows court-ordered spousal maintenance under Tex. Fam. Code Chapter 8, but eligibility under § 8.051 is narrow and duration and amount are capped under §§ 8.054 and 8.055. A wife entitled to maintenance must meet statutory criteria.
Q: Can a Texas spouse modify the divorce decree later? A: Conservatorship, possession, and support may be modified under Tex. Fam. Code Chapter 156 upon a material and substantial change in circumstances plus the child’s best interest. Property division generally cannot be modified after the appeal deadline.
Q: Does fault (like adultery) automatically reduce a spouse’s share of property? A: No. Adultery is one factor a Texas court may consider in just-and-right division under § 7.001; it is not an automatic forfeiture. A spouse must still prove fault through evidence.
Q: Can the third party in an affair be sued in Texas? A: No. Tex. Fam. Code § 1.107 abolished the civil torts of criminal conversation and alienation of affection in Texas.
Q: Is adultery a crime in Texas? A: No. Texas does not criminalize adultery; it is a civil family-law concept relevant only to divorce proceedings as one of the fault grounds.
Q: What about military service members? A: Tex. Fam. Code § 6.302 provides a residency exception for military domiciliaries. The Servicemembers Civil Relief Act may also affect timing in certain cases. Military personnel stationed outside of Texas can file for divorce in Texas.
Texas Resources
Texas Family Code (statutes.capitol.texas.gov):
- § 6.001 (insupportability); §§ 6.002–6.007 (fault grounds); §§ 6.301–6.302 (residency); § 6.4035 (waiver of service); § 6.702 (60-day waiting period)
- §§ 3.001–3.003 (property classification); § 3.402 (reimbursement); § 7.001 (just-and-right division)
- § 1.107 (abolition of criminal conversation / alienation of affection)
- § 153.002 (best interest); § 153.004 (family-violence findings); § 153.131 (parental presumption); § 153.009 (child interview); §§ 153.311–.317 (standard possession)
- Chapter 154 (child support); §§ 154.062, 154.125
- Chapter 8 (maintenance); §§ 8.051, 8.052, 8.054, 8.055
- Chapter 156 (modification); §§ 156.101, 156.102, 156.401
Holley v. Adams, 544 S.W.2d 367 (Tex. 1976): best-interest factors
Texas Office of Court Administration: txcourts.gov
Texas Office of the Attorney General Child Support Division: oag.texas.gov
TexasLawHelp: texaslawhelp.org
State Bar of Texas Family Law Section: texasbarfamilylaw.org
Disclaimer
This article is general legal information about Texas family law. It is not legal advice and does not create an attorney-client relationship. Reading this article does not establish you as a client of Family Law of North Texas. For advice about your specific situation, contact Family Law of North Texas at (945) 300-5522 or another licensed Texas attorney.