Texas Family Law Guide — Divorce, Custody & Support
Divorce, custody, support, and property division under Texas law — grounds, process, timelines, and what to expect
Family law covers divorce, child custody, child support, property division, and spousal support — and in many cases, several of these issues are decided at the same time. Whether you are filing, responding to a petition, or seeking to modify an existing order, the process moves through a structured series of stages. The decisions you make early — especially around temporary orders and documentation — directly shape the final outcome.
Of all family law matters, divorce is the most common — and typically the most consequential. A divorce case can involve every other area of family law at once: custody, child support, property division, and spousal support. That is why most family law overviews begin here. Even if your situation involves only one of those issues, understanding the divorce framework helps, because the same statutes, standards, and court procedures apply across the board.
Grounds for divorce in Texas §6.001–6.007
Texas allows no-fault divorce based on insupportability (discord or conflict of personalities that destroys the legitimate ends of the marital relationship and prevents any reasonable expectation of reconciliation) §6.001. No-fault means neither party must prove the other did something wrong — the marriage has simply broken down. Texas also recognizes fault-based grounds including cruelty, adultery, conviction of a felony with imprisonment for 1+ year, and others.
The divorce process — step by step
Contested vs. uncontested divorce
| Uncontested | Contested | |
|---|---|---|
| Definition | Both spouses agree on all issues | Spouses disagree on one or more issues |
| Timeline | Shorter (after waiting period) §6.702 | Longer |
| Court involvement | Court reviews agreement | Court decides disputed issues |
| Who decides | The spouses, by agreement | The judge, based on evidence and statute §6.001–6.007 |
Key areas the court addresses
Child custody §153.002
Courts determine conservatorship (custody), possession, and access based on the best interest of the child. Texas uses the term 'conservatorship' rather than custody; parents may be named joint managing conservators or one parent may be named sole managing conservator.
Child support
Texas uses an percentage of income model. Based on a percentage of the obligor's net resources: 20% for 1 child, 25% for 2, 30% for 3, 35% for 4, 40% for 5, and not less than 40% for 6+; a reduced low-income schedule (15% for 1 child, 20% for 2, 25% for 3, 30% for 4, 35% for 5) applies if the obligor's monthly net resources are less than $1,000.
Property division §7.001
Texas follows community property — just and right division. The court divides marital property based on what is fair, considering the length of the marriage, each spouse's contributions, and economic circumstances.
Spousal support §8.051
Texas calls it 'spousal maintenance.' Available only if the marriage lasted 10+ years and the requesting spouse lacks sufficient property and cannot meet minimum reasonable needs, or if there was family violence, or a spouse has a disability or is custodian of a disabled child. Maximum duration and amount are capped by statute..
What changes the outcome?
- Quality and completeness of financial documentation
- Timing of filing, responses, and temporary-order requests
- Existing court orders or pending cases
- Whether children are involved (adds custody and support layers)
- Willingness to negotiate versus taking issues to trial
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Frequently Asked Questions
General answers to common questions. Specific outcomes depend on your facts and timing.
If you have a deadline, court notice, or upcoming hearing, mention it when requesting assistance so timing can be evaluated promptly.
- No-fault: insupportability (discord or conflict of personalities that destroys the legitimate ends of the marital relationship and prevents any reasonable expectation of reconciliation)
- Fault grounds include cruelty, adultery, conviction of a felony with imprisonment for 1+ year, abandonment for 1+ year, living apart for 3+ years, confinement in a mental hospital for 3+ years