United States · State guide
Divorce inTexas.
Family law is state law. Here is how it works in Texas: the property rules, support, how to file, what it costs, who enforces it, and every FairWell guide and tool set up for Texas.
Official source: www.txcourts.gov
Property division
Community property state: assets and debts acquired during the marriage are generally divided equally; separate property (pre-marital, gifts, inheritances) stays with the owner.
Residency and waiting period
Court: District CourtGenerally: 6 months state and 90 days county residency; 60-day waiting period after filing. Exceptions apply; check the official source for current rules.
Child support
Percentage-of-income model. Spousal maintenance is limited and capped by statute.
Retirement accounts
Workplace retirement plans are divided by a Qualified Domestic Relations Order (QDRO) prepared after the decree; IRAs are divided by the decree itself. A former spouse married ten years or more may claim Social Security on the ex's record.
Enforcement
Child support is enforced by Texas Attorney General Child Support Division under the federal Title IV-D program: income withholding, tax refund intercepts, license suspension and passport denial for arrears.
Health insurance
Divorce ends a former spouse's eligibility on an employer plan. COBRA continuation is available for up to 36 months at full cost; the ACA marketplace opens a special enrollment period.
Official guidelines and tools
The government and court sources for child support, spousal support, the family law statute and self-help. Use these to check any estimate, including ours.
Common questions
How is property divided in a Texas divorce?
Community property state: assets and debts acquired during the marriage are generally divided equally; separate property (pre-marital, gifts, inheritances) stays with the owner.
How do I file for divorce in Texas?
Generally: 6 months state and 90 days county residency; 60-day waiting period after filing. Exceptions apply; check the official source for current rules. File in the District Court.
When does child support end in Texas?
Child support usually ends at 18 or high school graduation, whichever is later. It can continue indefinitely for a child with a disability; college support is not required unless agreed.
What happens to property when unmarried couples separate in Texas?
Texas recognizes common-law (informal) marriage when a couple agreed to be married, lived together in Texas and presented themselves as married, so a couple who meets that test divides property under divorce rules. If no case is filed within two years after separating, the law presumes there was no agreement to be married, though that can be rebutted; partners who do not qualify are treated as unmarried.
How long do you need to live in Texas to file for divorce?
You or your spouse must have lived in Texas for at least the last six months and in the filing county for at least the last 90 days. Divorce is filed in a district court (or county court at law) in that county.
Official help: TexasLawHelp: Divorce in Texas. Rules change, so confirm with a family lawyer in Texas before you rely on them.
Read next
Guides for Texas
Filing for an uncontested divorce in the US
GuideWhat divorce costs in the US
GuideQDROs and retirement accounts
GuideDivorce and US taxes
GuideHealth insurance after divorce
GuideRelocation with children
GuideThe complete parenting plan guide
GuideYour separation date controls everything
GuideHidden assets: warning signs
GuideJoint debt at separation
GuideWhen your ex won't pay
GuideSeparating when there is abuse
Professionals
Family lawyers, mediators and coaches in Texas
Family lawyers
Listings marked Verified have been checked against the state bar directory. Each lawyer sets their own fees.
DirectoryMediators
Family mediators for parenting and financial issues. Listings marked Verified have been checked against their association.
DirectoryDivorce coaches and counselors
Decision support, communication and co-parenting help. What a coach does.
Are you a professional in Texas? List your practice.
Texas
Get organized in Texas
Guided questions for separation agreements, parenting plans and financial disclosure, linked to the official sources on this page and organized into a plain-language summary for a local family lawyer, who prepares the agreement and advises you.
Sources and further reading
This page is legal information, not legal advice. It summarizes how the process works in Texas so you can plan; the official sources above are where current fees, forms and deadlines live, and they are the final word if anything here differs. When you're ready, the assessment and FairWell's guided questions link to the rules for Texas; a local lawyer prepares any agreement and advises you before you sign.