How Do You File for Divorce in Texas If You Have Kids and a House?
A question we often hear is: “I want to file for divorce in Texas, but I’m not sure how. We have children and own a home, with no other major assets. I’d like it to be as painless as possible—do I need to hire a lawyer, what are costs, and how are custody and property handled?”
You’re not alone. Texas has its own rules about property division and custody when kids and a house are involved. Here’s what to know.
Divorce Basics in Texas
Texas is a no-fault divorce state. “Insupportability” (irretrievable breakdown) is the most common ground.
Residency: one spouse must have lived in Texas for at least 6 months and in the county of filing for at least 90 days.
Do You Need a Lawyer?
No, but it’s strongly recommended when children and property are involved. You may represent yourself, but attorneys and mediators help clarify complicated issues like custody and division of the home.
How Much Does It Cost?
Court filing fees: Required and vary by county.
Attorney fees: Wide range; contested cases with disputes over custody or property are much more expensive.
Mediation: Often less costly and more collaborative than full litigation.
What About the House & Property Division?
Texas is a community property state. Most property and debt acquired during marriage belongs to both spouses.
The court divides community property in a way it considers “just and right,” which isn’t always a strict 50/50 split.
The home may be sold, one spouse may buy out the other, or arrangements made depending on the children’s needs.
Custody, Parenting Time, and Child Support
Custody decisions are based on the best interests of the child. Gender doesn’t determine custody.
Parenting plans outline visitation and shared responsibilities.
Child support follows Texas guidelines, with possible adjustments for special circumstances.
Steps to Get Started
Confirm residency requirements.
Gather documents (marriage certificate, deed, mortgage info, finances, children’s records).
Try to agree on custody and property issues—it speeds up the process.
File your petition in your county.
Negotiate or mediate, then finalize with the court.
Things You May Not Realize in Texas
“Just and right” does not always mean equal. Courts consider children’s needs, income disparity, and other factors.
Debt acquired during the marriage can be divided like property, even if only in one spouse’s name.
Who remains in the home during the case can influence custody or parenting time arrangements.
A Gentle Reminder
This post is for educational purposes only and is not legal advice. Every divorce is different, and state law has nuances that can affect your case. Always consult a professional.
At Fresh Starts, you can search our Expert Guide by state to find divorce attorneys, mediators, and financial professionals in Texas who can walk you through the process with the care and expertise you deserve.
