Everything you need to know about divorce mediation laws, costs, requirements, and the process in Texas. Updated for 2026.
| Property Division | Community Property |
| Residency Requirement | At least one spouse must have been a resident of Texas for six months and a resident of the county where the petition is filed for at least 90 days. |
| Mandatory Mediation | County-dependent; most courts order it |
| Waiting Period | 60 days from filing |
| Mediation Cost Range | $3,000 – $4,000 |
| Hourly Rate Range | $200 – $500/hour |
Texas is a community property state under Family Code § 3.001. Property acquired during marriage while domiciled in Texas is presumed community property. However, unlike California's default 50/50 split, Texas courts divide community property in a manner that is "just and right," which may result in an unequal division based on factors such as fault, earning capacity, and the needs of custodial parents.
Texas does not have a statewide mandatory mediation statute, but most Texas family courts order mediation before scheduling a trial. Judges may refer cases under Family Code §§ 6.602(a) and 153.0071(c). Either party may object if family violence incidents exist. Mediated Settlement Agreements (MSAs) in Texas are highly enforceable and essentially irrevocable if properly executed.
Child custody mediation is authorized under Family Code § 153.0071. Courts may refer cases to mediation on their own motion or by agreement. Mediated Settlement Agreements are binding if they contain specific statutory language stating irrevocability. Courts have special safety protocols for mediation in family violence cases.
Divorce mediation in Texas is generally more affordable than coastal cities, with private mediators charging $200-$500 per hour and total costs averaging $3,000 to $4,000 per person. Some counties offer court-sponsored programs at $50-$200 per session on a sliding scale. Full-day mediations typically cost around $1,500.
Tip: Many mediators offer free initial consultations. It's worth meeting with 2-3 mediators before choosing one. Ask about flat-fee vs. hourly pricing and whether the fee includes drafting the settlement agreement.
Texas imposes a 60-day mandatory waiting period from the date of filing before the divorce can be finalized (Family Code § 6.702). This can be waived if the respondent has been convicted of a family violence offense or has an active protective order.
These are the primary state laws governing divorce mediation in Texas:
| Statute | Subject |
|---|---|
| Family Code § 3.001 | Community Property Definition |
| Family Code § 6.602(a) | Alternative Dispute Resolution |
| Family Code § 6.702 | 60-Day Waiting Period |
| Family Code § 153.0071 | ADR in Child Custody Cases |
| CPRC Chapter 154 | ADR Procedures and Confidentiality |
There is no statewide mandatory mediation law, but most Texas family courts order mediation before scheduling a trial. If either party has experienced family violence, they may object to the mediation referral.
Texas is a community property state, but unlike some other community property states, courts divide property in a "just and right" manner rather than a strict 50/50 split. This means the court considers factors like fault, earning capacity, and custody arrangements.
Yes. Texas Mediated Settlement Agreements (MSAs) are highly enforceable. If the agreement contains specific statutory language stating it is irrevocable, it is binding on both parties and the court must enter judgment on the agreement. This makes Texas MSAs among the most enforceable in the country.
Texas has a 60-day mandatory waiting period from the date of filing. The divorce cannot be finalized before 60 days have passed. This period can be waived if the respondent has been convicted of family violence or has an active protective order.
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