Texas Family Law Resources
Navigate Texas family law with Davis & Associates. Access essential resources for divorce, child custody, and support cases across 16+ locations today.
Texas Family Law Resources Overview
- Getting Started with Courts, Filing, and Resources
- Divorce Basics in Texas
- Conservatorship and Parenting Time
- Find the Help You Need Near You
- Child Support Guidelines
- Practice Areas
- Frequently Asked Questions
- Domestic Violence and Protecting Parental Rights in Texas
- Spousal Maintenance (Alimony)
- Dividing Property and Assets
- Meet Our Attorneys
- Moving Forward with Davis & Associates
- Expert Strategies, Industry Trends, & Firm News
Family law issues have a way of shaking up your life. Whether you’re considering divorce, working through custody questions, dealing with support concerns, or trying to protect your parental rights, the process can feel stressful before you even step into a courtroom.
Here is a look at the Texas family law resources you need to understand the system, from court filing procedures and child support guidelines to conservatorship standards and property division rules. More importantly, it explains how these pieces fit together so you can proceed with your case.
While public resources are helpful, applying the law correctly to protect your future requires experience and strategy. At Davis & Associates, our team works with families across Texas with divorce, custody, support, and property issues.
Getting Started with Courts, Filing, and Resources
Most Texas family law matters are handled in district courts. All courts follow the Texas Family Code. Keep in mind that local jurisdictions may have various requirements. Some helpful official resources:
- Texas Judicial Branch Forms: Standardized forms for divorce, conservatorship, child support, and other issues.
- Texas Statutes Online: The official rules that govern all family law cases.
- Texas OAG Child Support: Tools for enforcement, modification, and support payments.
Knowing where to look is one thing, but using the resources correctly is another. That is why you will want to have an experienced Texas family law attorney on your side.
Divorce Basics in Texas
Texas allows no-fault divorce based on insupportability, while there are fault-based grounds for limited circumstances (Tex. Fam. Code § 6.001). If you want to file, one spouse must have lived in Texas for at least six months and in the county for at least 90 days.
Even when couples agree on all issues, the court requires:
- Filing a petition
- Financial disclosures
- Attendance at scheduled hearings
Divorce affects several parts of family law, including:
- Child custody and visitation
- Child support
- Division of property and debts
- Spousal maintenance
Conservatorship and Parenting Time
Texas uses the term conservatorship instead of custody. That means the court prioritizes the child’s best interests (Tex. Fam. Code § 153.002) and will evaluate both parents equally. Legal and physical custody are defined differently in Texas. Here are the two terms that could apply to your case:
- Legal conservatorship: Decision-making authority for education, healthcare, and other major matters
- Physical possession: Where the child lives and visitation schedules
When parents agree on parenting plans, that makes the process smoother. In some cases, disputed cases may require mediation or a court hearing.
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Child Support Guidelines
Texas calculates child support as a percentage of net resources. Support will also depend on the number of children. Texas courts also consider:
- Health insurance and medical expenses
- Childcare costs
- Special needs or extraordinary circumstances
- Parenting time arrangements
If there is a change to the circumstances of the parent, then a request to modify support may be processed.
To file for divorce in Texas, at least one spouse must have lived in the state for the preceding six months. Additionally, that spouse must have been a resident of the specific county where the suit is filed for at least 90 days. These requirements ensure the court has proper jurisdiction over the case.
Texas uses a percentage-of-income formula based on the non-custodial parent’s net resources. Generally, this starts at 20% for one child and increases by 5% for each additional child, up to a cap. The court may adjust these guidelines based on the child’s specific needs or the parents’ financial situations.
While Texas is a community property state, the law requires a ‘just and right’ division of marital assets rather than a strict 50/50 split. Judges consider factors like fault in the breakup of the marriage, disparate earning capacities, and the health of each spouse when deciding how to distribute property.
Domestic Violence and Protecting Parental Rights in Texas
Family law cases involve sensitive situations. Unfortunately, domestic violence can affect custody, support, and visitation decisions. In Texas, the law takes these concerns seriously. The focus is to balance safety with parental rights.
Protective Orders
A protective order can be obtained if a family member faces family violence. It may restrict the abuser’s contact with the victim and children. Courts will take these orders into account for custody and visitation arrangements.
Since courts focus on the “best interest of the child,” there will be an evaluation of any history or risk of family violence. A parent with a documented history of abuse may have limited or supervised visitation. Sometimes, protective measures are needed to protect the child and the other parent.
Father’s Rights
Texas law presumes that both parents have rights to custody and visitation unless there’s evidence that it would endanger the child. Fathers can petition for custody, possession, or visitation, even in situations where domestic violence exists. Sometimes, they may order supervised visits if safety is a concern.
Spousal Maintenance (Alimony)
Spousal maintenance is not granted automatically in the state. The courts will look at a few factors to evaluate whether it should be awarded and how much the amount will be. These types of spousal maintenance include:
- Temporary spousal maintenance: Paid during the divorce process to support a spouse who cannot meet basic living expenses while the case is pending.
- Post-divorce maintenance: Paid after the divorce is finalized when one spouse lacks sufficient property or income to meet reasonable needs.
- Maintenance for a spouse with limited earning capacity: Applies to spouses unable to earn enough due to age, disability, or lack of education/work experience.
- Maintenance due to family violence: A spouse may be awarded support if the other spouse was convicted of or received deferred adjudication for family violence against them or a child in the household.
Maintenance is limited by the length of the marriage:
- Less than 10 years: up to 5 years
- 10 – 20 years: up to 7 years
- 20+ years: up to 10 years
- Family violence exceptions may extend beyond these limits
Dividing Property and Assets
Texas is a community property state. That means assets and debts acquired during marriage are divided equally (Tex. Fam. Code § 3.001), while property owned before marriage or received as a gift/inheritance is separate.
There can be complications, and these happen with high-value assets, such as:
- Real estate and investment property
- Retirement accounts and pensions
- Business interests or professional practices
Moving Forward with Davis & Associates
Texas family law provides structure, guidance, and clearly defined rules. But we all know that real life does not fit neatly into statutory language. Behind every petition, motion, or court hearing is a family struggling with change.
Whether you are preparing for divorce, working through conservatorship arrangements, addressing child support, or protecting yourself and your children from harm, the decisions you make now will shape your future.
At Davis & Associates, we work with families across Texas to guide them through these transitions with clarity and strength. We don’t just process paperwork; we build plans. If you’re facing a family law issue, we invite you to schedule a consultation with our team.
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