Questions people ask about divorce and family law in Texas

Texas law says a court generally may not grant a divorce before the 60th day after the case was filed (Tex. Fam. Code §6.702). That is the shortest possible time, and many cases take longer. How long yours takes often depends on how much you and your spouse agree on and on the court's schedule. The waiting period does not apply in certain cases involving family violence.

Yes, there is a residency rule. When the case is filed, either you or your spouse must have lived in Texas for the past six months and in the county where you file for the past 90 days (Tex. Fam. Code §6.301). If you have recently moved, talk with a lawyer about where and when you can file.

Some North Texas cities, such as Frisco and Southlake, sit in more than one county. The county is decided by the address where you or your spouse actually lives, not by the city name. The pages for Dallas, Collin, Denton and Tarrant counties explain how family cases work in each.

Under Texas law, property either spouse has during the marriage or when it ends is presumed to be community property, meaning it belongs to both spouses (Tex. Fam. Code §3.003). A spouse who says something is separate property has to prove it by "clear and convincing evidence," which is a high standard. Records such as old account statements and title documents can matter a great deal. Read more on property division.

Conservatorship is what Texas calls custody. "Possession and access" is what Texas calls visitation. A court names one parent as sole managing conservator or both parents as joint managing conservators (Tex. Fam. Code §153.131). See child custody for more.

Texas law starts from the presumption that naming both parents joint managing conservators is in the child's best interest (Tex. Fam. Code §153.131). That presumption can be overcome, and a finding of a history of family violence between the parents removes it. Sharing conservatorship does not always mean an equal split of time with the children.

It is the default schedule Texas law sets out for when each parent has the children, and it is designed for children three and older. When parents live within 100 miles of each other, the parent without primary residence generally has the first, third and fifth weekends of each month, Thursday evenings during the school year and 30 days in the summer (Tex. Fam. Code Ch. 153, Subch. F). Parents can agree to a different schedule, and a parent may choose an expanded schedule that runs with the school day.

Texas guidelines set child support as a percentage of the paying parent's monthly net resources: 20% for one child, 25% for two, 30% for three, 35% for four and 40% for five or more (Tex. Fam. Code §154.125). A lower schedule applies when monthly net resources are under $1,000. The final amount depends on the facts of each case. Read more on child support.

The guideline percentages apply to monthly net resources up to a cap. Since September 1, 2025, that cap is $11,700 a month. If income is above the cap, ask a lawyer how support may be handled in your case (Tex. Fam. Code §154.125).

Possibly. Texas calls court-ordered alimony "spousal maintenance," and it has strict rules. The spouse asking for it must lack enough property to meet their minimum reasonable needs, and one more condition must apply, such as a marriage of 10 years or more combined with an inability to earn enough, a disabling condition, or certain family violence (Tex. Fam. Code §8.051). Whether it fits your situation depends on the facts. See spousal maintenance.

A court-ordered amount may not be more than $5,000 a month or 20% of the paying spouse's average monthly gross income, whichever is less (Tex. Fam. Code §8.055). The usual limits on length are 5, 7 or 10 years, depending mostly on how long the marriage lasted (Tex. Fam. Code §8.054). The court is told to order the shortest reasonable period, with exceptions for disability.

Many family courts in North Texas expect or order mediation before a contested case goes to trial, and the rules vary from court to court. In mediation, a neutral person helps you and your spouse try to reach an agreement. Read more about mediation.

Don't ignore them, and read every page. Court papers come with deadlines, and in some counties, including Dallas, a standing order with rules about the children, property and conduct applies as soon as the case is filed. Speak with a family lawyer as soon as you can. See just been served.

Scott's advice is that the most important thing you can do is speak with a trusted family lawyer as early as possible. There's no substitute for being prepared, and early advice can help you avoid steps that are hard to undo. Scott's first consultation is free and confidential. The free Navigating Divorce workbook can help you get organized before you meet.

They may be. Conversations with an AI chatbot are stored records, and they generally are not protected the way your conversations with your lawyer are. It is safest to keep the details of your case out of AI tools. The free report Your AI Conversations Can Be Used Against You in Your Divorce explains seven rules.