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Texas State Laws
Updated for 2026

Texas Divorce Laws

Your complete guide to divorce in Texas. Community property state with unique insupportability grounds.
6 months state / 90 days county
Residency Required
60 days
Waiting Period
Community
Property Division
$15,600
Average Cost

Understanding Texas Divorce Law

Property Division

Texas is a Community Property state.
Just and Right Division

Grounds for Divorce

No-Fault: Insupportability (marriage has become insupportable due to discord or conflict)
Fault or No-Fault

Child Custody

Courts use best interests standard with managing conservatorship.
Conservatorship

Child Support

Uses Percentage of Income Model with income caps.
Percentage of Income Model

Child Custody Factors

1
Physical and emotional needs of child
2
Physical and emotional danger to child
3
Parental abilities
4
Programs available to assist parents
5
Plans for child
6
Stability of home
7
Acts or omissions indicating poor parenting
8
Excuse for acts or omissions
9
History of domestic violence
10
Preference of child if 12+
11
Any other relevant factor

Spousal Support

Temporary Spousal Support

During proceedings

Court-Ordered Maintenance

Post-divorce support (limited)

Contractual Alimony

Agreed in settlement

Key Statutes

Tex. Fam. Code 6.001
Grounds for Divorce
Insupportability
Tex. Fam. Code 7.001
Property Division
Just and right division
Tex. Fam. Code 153.002
Child Custody
Best interests standard

Recent Changes

2024
Child Support Updates
Texas updated child support guidelines and income caps.

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