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Gray Divorce in Texas (Over 50)

Special financial considerations for divorce after 50 in Texas. Retirement, Social Security, and healthcare. Texas is a community property state.

Property Type

Community

Filing Fee

$250–$350

Median Cost

$11,000–$45,000

Annual Divorces

80,000+

Understanding Gray Divorce in Texas

Texas processes approximately 80,000+ divorces annually. Understanding your rights and options specific to Texas is essential before making decisions that will affect your finances and family for years to come.

Texas follows community property rules for dividing marital assets. The state allows both no-fault and fault-based divorce (fault grounds: Adultery, Cruelty, Felony conviction). Filing fees are $250–$350, with a residency requirement of 6 months state + 90 days county.

The median cost ranges from $11,000 for uncontested cases to $45,000 for contested divorces. Under Tex. Fam. Code §6.001, courts consider multiple factors when making decisions about property, support, and custody.

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Common Questions

How long do you have to live in Texas to file for divorce?
Texas requires 6 months state + 90 days county of residency before you can file for divorce. Tex. Fam. Code §6.001 governs the filing requirements.
Is Texas a community property or equitable distribution state?
Texas follows community property rules, meaning marital assets are generally split 50/50.
How much does a divorce cost in Texas?
Filing fees in Texas range from $250–$350. The median total cost is approximately $11,000 for uncontested divorces and $45,000 for contested cases.
How long does a divorce take in Texas?
Texas has a mandatory waiting period of 60 days. Uncontested divorces typically finalize in 2–4 months, while contested cases can take 12–18 months or longer.
How is child support calculated in Texas?
Texas uses a Percentage of Income model, calculating support as a percentage of the non-custodial parent's income. The formula considers both parents' incomes, number of children, health insurance costs, and childcare expenses.

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Related Resources

This page provides general information about gray divorce in Texas and is not legal advice. Verify current statutes with Tex. Fam. Code §6.001 or consult a licensed Texas attorney. Last reviewed March 2026.