Written & reviewed by NotALawyer Legal AI · Updated May 2026
How divorce, custody, child support, and alimony actually work in TX, AZ, NV, and NM.
All four states covered by this guide allow no-fault divorce — a spouse can file on the basis of "insupportability" (Texas), "irretrievable breakdown" (Arizona, Nevada), or "incompatibility" (New Mexico) without proving misconduct. Some states still allow fault grounds (adultery, cruelty, felony conviction), but they're rarely used because they don't usually change the property or custody outcome.
Each state requires the filing spouse to have lived there for a minimum period before the petition can be filed. Texas requires six months in the state and 90 days in the county (Tex. Fam. Code §6.301). Arizona requires 90 days (ARS §25-312). Nevada requires six weeks (NRS 125.020). New Mexico requires six months (NMSA §40-4-5).
Texas, Arizona, Nevada, and New Mexico are all community property states. As a starting point, anything either spouse acquired during the marriage — wages, retirement contributions, real estate, debts — is considered community property and is presumed to be split equally. Property owned before the marriage, plus inheritances and gifts received during the marriage, is generally separate property and stays with the spouse who brought it in.
The presumption of equal division can be adjusted in some states. Texas courts divide community property in a manner that is "just and right" (Tex. Fam. Code §7.001), which can mean a non-equal split based on factors like fault, earning capacity, and who has primary custody of the children. Arizona, Nevada, and New Mexico start from the equal-split presumption and require specific findings to deviate from it.
Custody has two pieces. Legal custody (called "conservatorship" in Texas) is the right to make major decisions about the child's education, healthcare, and religion. Physical custody is where the child actually lives. Either can be sole or joint, and the two don't have to match — joint legal custody with one parent having primary physical custody is one of the most common arrangements.
Every state covered by this guide decides custody based on the "best interest of the child." The statutes list specific factors courts must weigh: each parent's relationship with the child, the child's adjustment to home and school, the mental and physical health of everyone involved, any history of domestic violence or substance abuse, and (in most states) the child's own preference once they're old enough — typically 12 in Texas (§153.009), 14 in Nevada and New Mexico (with the court still required to make its own best-interest finding).
Child support is calculated by formula in every state. The formulas differ — Texas uses a percentage of the obligor's net resources (20% of the first $9,200 in monthly net income for one child, scaling up by child count under Tex. Fam. Code §154.125). Arizona and Nevada use an income-shares model that combines both parents' incomes (ARS §25-320; NRS 125B.070). New Mexico uses an income-shares model under NMSA §40-4-11.1.
Courts can deviate from the formula for documented reasons — extraordinary medical costs, special-needs children, very high incomes, or shared physical custody arrangements. Either parent can request a modification when there's a substantial change in circumstances, often a 15–20% change in the calculated amount or a job loss.
Alimony rules vary the most across these four states. Texas is the most restrictive — "spousal maintenance" under Tex. Fam. Code §8.051 is generally available only after marriages of 10+ years, and the cap is the lesser of $5,000/month or 20% of the obligor's average gross monthly income, with most awards capped at five years (longer for disability or marriages over 30 years).
Arizona (ARS §25-319), Nevada (NRS 125.150), and New Mexico (NMSA §40-4-7) take a more flexible approach: courts weigh factors like length of marriage, earning capacity, contributions to the other spouse's career, and the standard of living during the marriage. New Mexico explicitly recognizes rehabilitative, transitional, modifiable, and non-modifiable forms of spousal support.
Every state in this guide has an expedited protective-order process for victims of family violence. The first step is usually an ex parte temporary order — issued the same day, without the other party present, when the petition shows immediate danger. A full hearing is then scheduled, typically within 14–21 days, where both sides present evidence and the judge decides whether to issue a longer-term order.
Protective orders can do more than keep the other party away — they can award temporary custody, set up a visitation schedule, order child or spousal support, exclude the abuser from the family home, and require firearm surrender. Violating a protective order is a separate criminal offense in all four states.
An uncontested divorce — where both spouses agree on property, support, and any custody issues — can often be completed for a fraction of the cost of a contested case. Many couples use mediation to bridge the gaps before the case is filed. Court-connected mediation programs are available in every state covered by this guide and are mandatory before contested custody trials in many counties.
Contested divorces — especially those involving custody disputes, business valuations, or hidden assets — typically take a year or longer and can run into tens of thousands of dollars in lawyer fees, expert witnesses, and discovery costs. Knowing where you actually disagree (and where you don't) before walking into a lawyer's office can dramatically narrow the scope.
More on this topic: the Family Law hub
These guides are general information about the law, not legal advice for your specific situation. Talk to a licensed lawyer in your state before making decisions that affect your rights.