Divorce and Custody Statistics

Divorce and Custody Statistics

Mar 18, 2025
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Divorce is a seismic event that sends shockwaves far beyond the couple at its epicenter. While the divorcing spouses and their children bear the brunt of the upheaval, the ripple effects touch parents, siblings, extended family members, and friends who must also grapple with the transition. As relationships change and family dynamics are redefined, many of us find ourselves struggling to process the complex emotions and challenges that divorce brings.

In an attempt to make sense of what is happening, many of us will look for a frame of reference, or some way to compare our circumstances with those of others. Examining divorce statistics becomes a natural way to gauge one’s place within the broader landscape of divorce, offering a sense of perspective and, perhaps, a bit of comfort in knowing that others are having a similar experience.

In this article, we examine both U.S. and Texas divorce statistics. How does Texas compare to the rest of the nation when it comes to these difficult family matters? Here are some divorce and custody statistics in Texas that you may be interested to know.

National Divorce Statistics

Over the last several decades, a lot has been made about changing social norms and divorce rates. As women entering the workforce gained opportunities for independence and financial stability, the social stigma surrounding divorce declined. In addition, generations following the baby boomers increasingly focused on personal happiness which caused people to rethink their negative attitudes towards divorce.

Despite previous trends, statistics collected over the last decade show not an increase but a small decline in overall divorce nationwide, according to the U.S. Census Bureau. This may have something to do with younger adults choosing to establish their careers, get married, and start families later in life than previous generations did.

Between 2012 and 2022, marriage rates (based on women married each year vs. the population of women aged 15 and older) per 1,000 women barely changed, rising just slightly from 16.6 to 16.7. At the same time, divorce rates dropped from 9.8 in 2012 to 7.1 in 2022.

Of course, these numbers don’t paint a full picture of divorce statistics, as they offer only year-by-year snapshots. The total number of marriages that end in divorce is currently around 32%, which shows a significant drop from 2000, when the rate was about 40%.

In addition to economic concerns and societal norms, one of the key factors impacting divorce rates is location. How do divorce statistics in Texas measure up?

Texas Divorce Statistics

When it comes to the divorce rate in Texas, the state has neither the highest nor lowest rates in the U.S.

What is the current divorce rate in Texas? CDC statistics show that 1.9 of 1,000 residents get divorced annually, which is quite a bit lower than the national average. However, the state also has lower marriage rates, at 5.8 per 1,000 inhabitants.

How does the Texas divorce rate break down by groups?

According to one study, divorce is initiated by women in Texas 69% of the time, which could be attributed to a range of factors. One likely culprit is perceived inequalities in gender roles in the marriage. Although modern households may require two incomes, duties like housekeeping and child-rearing still largely fall to women. Adultery is also a common factor.

What percent of parents are divorced? In Texas, divorced parents statistics show that nearly half of all divorces involve children under the age of 18. Although parents may try to stay together for the sake of family stability, it seems that parents and child-free couples end up seeking the services of a divorce lawyer in roughly equal measure.

National Custody Statistics

When parents divorce, the fate of their children is a primary concern. Who is more likely to get custody of a child depends on several factors, such as the ability to provide for children, the health of each parent, instances of abuse, and in some cases, the child’s wishes.

Does gender play a role in child custody? What percentage of mothers get custody vs. fathers at the national level? U.S. Census Bureau child custody statistics show that about 80% of custodial parents are mothers, while the percentage of fathers who get custody is 20%.

Unfortunately, there are significant disparities when it comes to jobs and earnings. Of homes with a custodial mother, about 27% are in poverty, versus 11% of homes with custodial fathers. In addition, custodial fathers are more likely to work full-time, at 74% versus 51% of mothers.

Why is this the case? It may have something to do with wage gaps and gender roles, along with child support and alimony statistics. With women still making less than men for the same jobs, on average, and facing barriers to reaching upper echelons in certain fields, custodial mothers may struggle to work full-time and support a household, leaving them to lean on public assistance programs (at a rate of 45%).

In addition, it is estimated that only about 23% of female-headed households receive child support payments, although 88% of custodial parents have legal orders for child support in place.

Texas Custody Statistics

The Texas Family Code states, in Section 153.002, that the primary consideration when determining conservatorship and possession (i.e., child custody) of children is the best interests of the children. All things being equal, this should mean there are a pretty good chances of the father getting 50/50 custody in Texas.

However, this isn’t the case. Texas is nearly on par with the nation concerning mother vs. father custody statistics, with dads receiving about 33% of parenting time, similar to the nationwide average of 35%. This puts the state at number 22 for child custody statistics by gender, with about 20 states reporting roughly equal shares of parenting time.

Changing social norms have led to an increase in the number of families with joint custody and shared parenting time. Having loving relationships with both parents is typically considered to be in the best interests of children, but circumstances will dictate whether beneficial relationships with both parents are possible.

If you don’t believe that your current arrangement is in the best interests of your children, consult a child custody attorney for help.

Need Assistance With Family Law in Texas?

Divorce custody statistics don’t tell the whole story of what it means to go through a divorce and fight for custody and child support. If you’re facing a complicated legal battle, a qualified and caring family law attorney can offer needed guidance and advocacy.

The talented team at Mims Ballew Hollingsworth offers over 100 years of combined experience in divorce and family law. Contact us now to request a consultation and discuss your case.

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Fort Worth, TX Divorce & Family Lawyers

Constance Mims has over fifteen years of experience practicing exclusively family law. Mrs. Mims is Board Certified in Family Law, by the Texas Board of Legal Specialization. She is Collaborative Law certified and is a shrewd negotiator, not to mention her experience in the most challenging child custody, child support, spousal maintenance, alimony, prenuptial agreements, and divorce issues, both in court and in the appellate arena.

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This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by Founding Partner, Constance Mims who has over 15 years of experience practicing exclusively family law. Mrs. Mims is Board Certified in Family Law, by the Texas Board of Legal Specialization.

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