Texas Family Laws

Filing fees for divorce in Texas vary by county, typically ranging from $250 to $350. Fee waivers are available for those who qualify.

At least one spouse must have been a domiciliary of Texas for at least 6 months and a resident of the filing county for at least 90 days before filing.

Texas has a mandatory 60-day waiting period from the date the divorce petition is filed. The divorce cannot be finalized until at least 60 days after filing.

Courts determine custody based on the best interests of the child. There is no presumption favoring either parent based on gender. Texas favors joint managing conservatorship (shared decision-making) unless there is evidence of family violence or abuse.

All property acquired during marriage is presumed community property and is subject to a "just and right" division upon divorce, which is typically 50/50 but can be adjusted based on factors like fault in the breakup, earning capacity, and child custody.

Texas courts may award spousal maintenance if the marriage lasted 10+ years and the requesting spouse lacks sufficient property or earning ability. Maintenance is generally limited to 5 years for marriages of 10-20 years, 7 years for 20-30 years, and 10 years for 30+ years. The maximum amount is $5,000/month or 20% of average monthly gross income, whichever is less.

Texas uses a percentage-of-income model. For one child, the guideline amount is 20% of the obligor's net resources. The percentage increases with additional children (25% for two, 30% for three, etc.).

Victims of family violence can obtain a protective order requiring the abuser to stay away, vacate the residence, and surrender firearms. Violations are criminal offenses punishable by up to 1 year in jail.