Divorce Law in Texas

The minimum is 60 days from the date the petition is filed before a judge can sign the Final Decree of Divorce. Uncontested divorces — where both spouses agree on all issues — can finish shortly after that waiting period ends. Contested divorces involving disputes over property, custody, or support often take six months to a year or more depending on the court's schedule and the complexity of the case.

No. Texas allows either spouse to file on the no-fault ground of insupportability, meaning the marriage has become insupportable due to a conflict of personalities with no reasonable expectation of reconciliation (Tex. Fam. Code § 6.001). A judge can grant the divorce even if the other spouse refuses to participate, disputes the grounds, or objects to dissolving the marriage.

Texas is a community property state, so most assets and debts acquired during the marriage are presumed to belong equally to both spouses. A court must divide community property in a 'just and right' manner, which is not always exactly 50/50 — factors such as fault in the marriage's breakdown, each spouse's earning capacity, and their respective needs can shift the balance (Tex. Fam. Code § 7.001). Property owned before the marriage or received as a gift or inheritance is separate property and generally stays with the owning spouse.

Texas calls it spousal maintenance and courts award it only in limited circumstances — for example, when the marriage lasted at least 10 years and the requesting spouse cannot meet minimum reasonable needs, or when the other spouse was convicted of or received deferred adjudication for a family violence offense (Tex. Fam. Code § 8.051). Payments are capped at the lesser of $5,000 per month or 20 percent of the paying spouse's gross monthly income, and the court must order the shortest period necessary for the recipient to become self-supporting.

Texas uses the term conservatorship instead of custody. Courts generally presume it is in a child's best interest for both parents to be named joint managing conservators, though one parent typically receives the exclusive right to designate the child's primary residence (Tex. Fam. Code § 153.131). Visitation — called possession and access — usually follows standard schedules set out in the Texas Family Code unless the parents agree to different terms or a judge finds another arrangement better serves the child.

Child support is a percentage of the paying parent's monthly net resources: 20 percent for one child, 25 percent for two children, 30 percent for three children, 35 percent for four children, and 40 percent for five or more children (Tex. Fam. Code § 154.125). As of September 1, 2025, the guideline percentages apply to the first $11,700 of net monthly resources; a court must make additional findings to order support above that level.

Yes. You can ask the court to restore a former name — such as a maiden name — as part of the divorce proceeding, and it will be included in the Final Decree of Divorce at no extra cost (Tex. Fam. Code § 6.706). The divorce proceeding cannot be used to change your name to a completely new name; that requires a separate name-change lawsuit filed in district court.