Divorce and Custody Statistics 2026

Last updated: February 2026 | Reviewed by Christopher Migliaccio, J.D., Managing Partner

I’m Christopher Migliaccio, one of the founding partners at Warren & Migliaccio, L.L.P., and I’ve spent nearly two decades guiding North Texas families through divorce and child custody matters. Clients often walk into our office with assumptions shaped by statistics they’ve seen online — and just as often, those numbers don’t mean what they think they mean.

This page compiles current national and Texas-specific divorce and child support statistics from primary government sources: the U.S. Centers for Disease Control and Prevention (CDC) and the U.S. Census Bureau. While these figures provide helpful context, they do not predict outcomes in any individual case. Texas family law uses its own legal standards and terminology — for example, Texas courts use “conservatorship” and “possession and access” rather than “custody” and “visitation” — so national averages should not be treated as benchmarks for what a Texas judge will order.

If you have questions about how these trends might apply to your situation, we offer a free consultation. Contact us at (888) 584-9614 or fill out our contact form to schedule an appointment.

Key National Divorce Statistics (CDC Provisional 2023)

According to the CDC/NCHS National Vital Statistics System (provisional 2023 data), the United States recorded:

• Estimated U.S. population: 334,914,895
• Marriages: 2,041,926 (rate: 6.1 per 1,000 population)
• Divorces and annulments (reporting areas): 672,502 (rate: 2.4 per 1,000 population)

Sources: CDC FastStats: Marriage and Divorce | National Marriage and Divorce Rate Trends 2000–2023 (PDF)

Why the CDC divorce count may look lower than expected

The CDC divorce total is a provisional count from 45 reporting states and Washington, D.C. — not a full 50-state national total. California, Hawaii, Indiana, Minnesota, and New Mexico do not report divorce data to the CDC, so the published figure should be understood as a partial count. CDC figures also include annulments alongside divorces and are published as provisional data subject to revision.

For state-by-state breakdowns, the CDC publishes separate tables: Divorce Rates by State: 1990–2023 (PDF) | NVSS Marriage and Divorce Data

How Texas Compares: State vs. National Rates

In my experience, clients are often surprised to learn that Texas’s divorce rate has declined significantly over the past three decades. According to the CDC’s state-level provisional data for 2023:

Source: CDC/NCHS Divorce Rates by State, 2000–2023 (PDF)

Texas divorce rate: a 30-year decline

The Texas divorce rate has dropped steadily from 5.5 per 1,000 in 1990 to 3.3 per 1,000 in 2010 to 2.1 per 1,000 in 2023. That’s a decline of more than 60% over three decades. Several factors contribute to this trend, including couples marrying later in life, longer periods of cohabitation before marriage, and broader access to mediation and counseling services.

However, a lower rate does not mean fewer difficult situations. In a state with over 30 million residents, a rate of 2.1 per 1,000 still represents tens of thousands of families navigating the divorce process each year. In our practice, we see the full range — from amicable uncontested divorces to complex cases involving significant property, business interests, and contested conservatorship arrangements.

Key Child Custody and Child Support Statistics (U.S. Census Bureau, 2022)

For the most current national data on custodial parents and child support, the best primary source is the U.S. Census Bureau’s report: Custodial Parents and Their Child Support: 2022 (PDF: download here).

• Custodial parents: In 2022, 13.9 million parents lived with 22.2 million children under age 21 while the child’s other parent lived elsewhere.
• Share of children affected: Those 22.2 million children represented 27.1% of all children under age 21 — roughly 1 in 4 American children.
• Custodial mothers vs. fathers: About 78.2% of custodial parents were mothers and 21.8% were fathers.
• Child support orders or agreements: Only 41.0% of custodial parents had either a court order or an informal agreement for child support.
• Formal vs. informal agreements: Among those with a support agreement, 91.0% reported the agreement was a formal legal order.
• Payments received: Among custodial parents who were supposed to receive support, 75.5% received at least some payments and 24.5% received none.
• Total support owed vs. received: Custodial parents were supposed to receive $29.9 billion in annual child support; they actually received $19.2 billion — a gap of more than $10 billion.
• Noncash support: 55.8% of custodial parents reported receiving at least one type of noncash support (such as gifts, clothing, or direct coverage of expenses).

A practice note on child support enforcement in Texas

That $10.7 billion national gap between support owed and support received is a statistic I discuss with clients regularly. In Texas, the Office of the Attorney General operates one of the largest child support enforcement programs in the country. When a parent falls behind on court-ordered support, Texas law provides enforcement tools including income withholding, license suspension, liens on property, and even contempt proceedings that can result in jail time under Texas Family Code Chapter 157. If you are owed child support and are not receiving it, enforcement mechanisms are available — you do not have to simply accept nonpayment.

Understanding “Custody” Data: Why National Statistics Don’t Directly Apply in Texas

This is one of the most important sections on this page, and it reflects something I explain to clients in nearly every initial consultation.

“Custodial parent” in the Census data

In the Census Bureau report cited above, a “custodial parent” is defined based on where the child primarily lives — a parent living with their own child under age 21 while the other parent lives elsewhere. This is a residential measurement, not a legal determination. It does not reflect a court order, and it does not measure how custody time is divided.

How Texas law differs from “custody” terminology

Texas does not use the term “custody” in its family code. Instead, Texas courts address parental rights through two separate legal concepts:

• Conservatorship — determines which parent (or parents) has the legal right and duty to make decisions about the child, including decisions about education, medical care, and residence. Texas law presumes that joint managing conservatorship (where both parents share decision-making) is in the child’s best interest (Texas Family Code § 153.131).
• Possession and access — determines the schedule for when each parent has physical time with the child. Texas provides a Standard Possession Order (SPO) as the default schedule (Texas Family Code § 153.312–153.317), though courts can modify this based on the child’s best interest.

When you see a national statistic like “mothers are the custodial parent in 78% of cases,” that reflects where children primarily reside based on Census survey responses — it does not mean a court awarded “sole custody” to the mother in 78% of cases. In Texas, the strong presumption is joint managing conservatorship with both parents actively involved. The practical division of time depends on the possession order, and many families negotiate expanded or custom schedules that look nothing like the national averages suggest.

Bottom line: National custody statistics describe residential patterns across the U.S. population. They should not be used to predict what a Texas family court judge will order in your case. Every case turns on its own facts and the child’s best interest as defined under the Texas Family Code.

Historical Context (Older Research)

For historical background on marriage, divorce, and cohabitation patterns (based on survey data from 2006–2010), the CDC published a National Health Statistics Report in 2012. Because the underlying data are more than a decade old, this report is best used for long-term trend context rather than as current statistics:

CDC National Health Statistics Report No. 49: First Marriages in the United States (2006–2010 Data)

Key findings from that report included observations about the relationship between age at first marriage and marital duration, the higher dissolution rates for cohabiting couples compared to married couples, and the correlation between educational attainment and marital stability. While these broader patterns remain generally consistent with more recent research, the specific percentages should not be cited as current data.

Call an Experienced Texas Family Law Firm Today

Statistics provide context, but every family’s situation is different. At Warren & Migliaccio, L.L.P., our family law attorneys — including managing attorneys with specific experience in family law, bankruptcy, and estate planning — are dedicated to guiding you through this process with compassion and skill.

If you have questions about divorce, conservatorship, child support, or any other family law matter in Dallas, Collin, Denton, or Tarrant County, please contact us for a free consultation. Call (888) 584-9614 or use our contact form to schedule an appointment.

Let us fight for you to ensure your future is as bright as possible.

Sources

• CDC FastStats: Marriage and Divorce (provisional 2023 data)
• CDC/NCHS: National Marriage and Divorce Rate Trends for 2000–2023 (PDF)
• CDC/NCHS: Divorce Rates by State, 1990–2023 (PDF)
• U.S. Census Bureau: Custodial Parents and Their Child Support: 2022
• U.S. Census Bureau: Custodial Parents and Their Child Support: 2022 (PDF)
• Texas Family Code, Chapter 153: Conservatorship, Possession, and Access
• Texas Family Code, Chapter 157: Enforcement
• CDC/NCHS: National Health Statistics Report No. 49 (2012) — First Marriages in the United States: Data from the 2006–2010 National Survey of Family Growth

Frequently Asked Questions

What is the current divorce rate in Texas?

According to the CDC’s provisional 2023 data, the divorce rate in Texas is 2.1 per 1,000 population, which is below the national average of 2.4 per 1,000. This rate has declined from 5.5 per 1,000 in 1990 — a decrease of more than 60% over three decades. Source: CDC/NCHS Divorce Rates by State (PDF).

Does Texas use the term “custody” in family law cases?

No. Texas family courts use “conservatorship” to describe decision-making authority and “possession and access” to describe the parenting time schedule. Under Texas Family Code § 153.131, there is a rebuttable presumption that appointing both parents as joint managing conservators is in the child’s best interest.

What percentage of custodial parents receive child support?

According to the U.S. Census Bureau’s 2022 report, 75.5% of custodial parents who were supposed to receive child support received at least some payments. However, only 41.0% of all custodial parents had a formal or informal support agreement in the first place. In Texas, the Office of the Attorney General can assist with establishing and enforcing child support orders.

How do national custody statistics apply to my Texas case?

They provide general context but do not predict outcomes. National “custody” data from the Census Bureau reflects where children primarily reside — not court-ordered custody arrangements. Texas courts make conservatorship and possession decisions based on the specific facts of each case and the child’s best interest as defined in the Texas Family Code. An experienced Texas family law attorney can help you understand what to expect based on your circumstances.