Texas Divorce Lawyers & Family Law Attorneys

Texas has a 60-day waiting period before most divorces can be finalized. In most cases, the countdown starts when the divorce petition is filed. There are a few exceptions, including some cases involving family violence.

If you and your spouse agree on everything, your divorce may be finalized shortly after the 60-day waiting period ends. If you disagree about things like your children, property, or financial support, the process will likely take longer. Every divorce is different, and how long yours takes depends on the issues that need to be worked out.

To file for divorce in Texas, you must first meet the state's residency requirements. From there, you'll file a divorce petition, make sure your spouse is formally notified unless they waive that step, share financial information when required, and work through any issues involving your property, children, or financial support before a judge can finalize your divorce.

If you're getting ready to file, Texas State Law Library has Texas divorce forms that explain the paperwork you may need and what to expect at each step of the process.

The cost of a divorce depends on your situation. One of the biggest factors is whether you and your spouse agree on important issues like your children, property, and financial support. The more there is to work through, the more time your case may take, and that can affect the overall cost.

Our Attorney Fees Calculator can help you estimate some of the financial side of your case. If you'd like a better idea of what your divorce may involve, a Texas family law attorney can walk through your situation, answer your questions, and explain what may affect the cost.

Before filing for divorce in Texas, either you or your spouse must have lived in Texas for at least six months and in the county where you file for at least 90 days.

If you recently moved or your spouse lives in another state, there may be additional requirements. Understanding where to file can help avoid unnecessary delays.

Texas does not allow legal separation. If you and your spouse decide to live apart, you'll still be legally married until your divorce is finalized.

Even if you're separated, you can still make agreements about things like your finances, property, or parenting arrangements. Those separation agreements can help you manage life while you're living apart, but they don't end your marriage.

In Texas, child custody decisions are based on what's in the child's best interests. Texas law uses the term conservatorship instead of custody, but they basically mean the same thing. It’s about who makes important decisions for a child and how parenting time is shared.

When deciding conservatorship and parenting time, the court looks at many factors, including each parent's relationship with the child, the child's physical and emotional needs, each parent's ability to provide a safe and stable home, and whether there's a history of family violence, abuse, or neglect.

In Texas, the legal term for child custody is conservatorship. It explains each parent's rights and responsibilities, including who makes important decisions about a child's education, healthcare, and daily life.

In many cases, parents are named joint managing conservators, which means they share many of those rights and responsibilities. Depending on your family's situation, one parent may have the final say on certain decisions or have the right to decide where the child primarily lives.

Maybe. Many Texas child custody orders limit where a child can primarily live. If you want to move with your child, or the other parent plans to move, you may need to ask the court to change your current custody order before relocating.

Whether a move is allowed depends on your family's situation and whether the court believes the move is in your child's best interests.

Yes. Texas courts can change child custody, parenting time, or child support orders when certain legal requirements are met.

A modification of custody in Texas may be appropriate if your family's circumstances have changed in a meaningful way, such as when a parent moves, a child's needs change, or there are concerns about a child's safety or well-being.

Texas calculates child support using statutory guidelines based primarily on the paying parent's net monthly resources and the number of children before the court. In some situations, the court may also consider additional factors allowed by Texas law.

Because every family's financial situation is different, the actual amount can vary. Our Texas Child Support Calculator can provide an estimate based on your circumstances.

Yes. Texas child support can be changed if certain legal requirements are met.

You may be able to ask the court to increase or decrease child support if there's been a significant change in your financial situation, your parenting time has changed, or the current support amount would be different under Texas child support guidelines.

If child support isn't paid, the unpaid balance becomes past-due child support. Texas law provides several enforcement tools, including wage withholding, interception of tax refunds, liens, license suspension, and contempt proceedings in some cases.

If you're struggling to make payments because your finances have changed, it's important to act quickly. The sooner you can modify a child support order, the better chance you have to prevent additional unpaid support from adding up.

Texas is a community property state. Typically, property and debts you or your spouse acquire during the marriage belong to both of you. But that doesn't mean everything is split 50/50 in a divorce.

Instead, a Texas court divides marital property in a way it believes is fair based on your family's specific circumstances. Depending on the facts of your case, one spouse may receive more than the other.

Property that belonged to you before the marriage, along with many gifts and inheritances, is usually considered separate property and is generally not divided in the divorce. If there's a dispute about whether something is separate or marital property, the court will decide based on the evidence.

Yes. Texas is a community property state.

This means property and debts acquired during the marriage are typically presumed to be community property, while property owned before marriage and many gifts and inheritances remain separate property. In some cases, determining whether property is community or separate can become more complicated if assets have been mixed together over time.

Spousal maintenance isn't automatic in Texas. A court may order one spouse to pay financial support to the other, but only if the legal requirements are met.

Whether someone qualifies depends on things like how long the marriage lasted, whether they can meet their basic financial needs on their own, whether family violence occurred, whether they have a disability, and other factors under Texas law.

Unlike child support, Texas does not use a single formula to determine every spousal maintenance award.

When deciding whether to order maintenance, the court looks at factors such as the length of the marriage, each spouse's financial resources, earning ability, age and health, contributions to the marriage, and other factors required by Texas law.

You can use our Texas Spousal Maintenance Calculator to get an estimate of whether spousal maintenance may apply in your situation and what payments might look like.

Sometimes. A Texas spousal maintenance order may be modified if there has been a material and substantial change in circumstances since the order was entered.

Whether a modification is available depends on the terms of the existing order and the facts of your case.

To request a protective order in Texas, you'll generally file an application with the court explaining why protection is needed. If immediate protection may be necessary, a judge can issue a temporary order before a full hearing.

At the hearing, both sides have an opportunity to present evidence before the court decides whether to issue a longer-term protective order. If you're in immediate danger, call 911.

You can find protective order forms and resources through the Texas State Law Library.

Texas protective orders are available for people who have experienced family violence, dating violence, stalking, sexual assault, trafficking, or certain other conduct recognized by Texas law.

A judge will review the evidence to determine whether the legal requirements have been met and what protections, if any, should be granted.

How long a Texas protective order lasts depends on the type of order and the facts of the case.

Temporary ex parter protective orders generally last up to 20 days, but they can be extended. Final protective orders commonly remain in effect for up to two years, but in certain situations the court may order a longer period if allowed by Texas law.