Family Law Laws in Texas

Family Law Law in Texas: Overview

Texas family law is governed by the Texas Family Code. As a community property state, Texas presumes that all property acquired during the marriage belongs equally to both spouses and is divided in a "just and right" manner upon divorce, which does not necessarily mean equal division. Texas recognizes both no-fault and fault-based grounds for divorce, with the no-fault ground being insupportability (irreconcilable discord). The state uses the percentage of income model for child support and applies the best interests of the child standard for custody, which Texas calls "conservatorship." Texas requires a six-month state and 90-day county residency period and imposes a 60-day waiting period after filing. Texas is notable for its relatively restrictive spousal maintenance statute, its terminology of managing and possessing conservators instead of custody, and its community property system that allows for unequal division based on fault.

Key Statutes & Deadlines

Community Property with "Just and Right" Division

Unlike California and other community property states that mandate equal division, Texas divides community property in a manner that the court deems "just and right" under Tex. Fam. Code § 7.001. This means the division does not have to be equal and can take into account factors such as fault in the breakup of the marriage, the disparity in earning capacity, the benefits the innocent spouse would have derived from continuation of the marriage, the nature of the property, the size of separate estates, and the needs of the children. This "just and right" standard gives Texas courts broader discretion than most community property states, and fault-based divorces can result in the innocent spouse receiving a disproportionate share of the community estate.

Conservatorship Instead of Custody

Texas uses unique terminology for custody. Parents are called "conservators" rather than custodial and non-custodial parents. Under the Texas Family Code, a joint managing conservatorship (JMC) is the presumptive arrangement, where both parents share rights and duties. One parent is typically designated as the parent with the exclusive right to determine the child's primary residence (roughly equivalent to primary custody). A sole managing conservatorship may be awarded when joint conservatorship would not be in the child's best interest, such as in cases involving family violence. A possessory conservator (similar to non-custodial parent) has possession and access rights under the Standard Possession Order (SPO), which establishes a default visitation schedule.

Restrictive Spousal Maintenance

Texas has one of the most restrictive spousal maintenance statutes in the nation. Under Tex. Fam. Code § 8.051, maintenance is available only if the requesting spouse cannot earn sufficient income due to an incapacitating physical or mental disability, is the custodian of a child who requires substantial care due to a disability, lacks earning ability in the labor market due to a marriage of 10 years or more, or the other spouse was convicted of or received deferred adjudication for family violence within two years of filing. The amount is capped at $5,000 per month or 20% of the payor's gross monthly income, whichever is less. Duration is limited to 5 years for marriages of 10-20 years, 7 years for marriages of 20-30 years, and 10 years for marriages of 30+ years. These restrictions make contractual alimony agreements between the parties common as an alternative to court-ordered maintenance.

Texas Court System

Family law cases in Texas are heard by the District Courts, which are the state's trial courts of general jurisdiction. Texas has 472 district courts, many of which are designated as family district courts with exclusive jurisdiction over family law matters. Counties such as Harris (Houston), Dallas, Bexar (San Antonio), and Travis (Austin) have multiple family district courts. Texas courts use associate judges in family law cases to hear evidence and make recommendations. The state requires mediation in most contested family law cases before trial. Appeals go to one of 14 Courts of Appeals and may be further reviewed by the Texas Supreme Court. Texas has also developed collaborative law processes for family disputes.

Damages & Penalties

Texas divides community property in a "just and right" manner, which may be unequal based on fault and other factors. Separate property (premarital, gifts, inheritances, personal injury recoveries) is not divided. Spousal maintenance is available only in limited circumstances, capped at $5,000/month or 20% of gross income, with duration limits tied to marriage length. Child support follows the percentage of income model: 20% for one child, 25% for two, 30% for three, 35% for four, and 40% for five or more, applied to net resources up to a statutory cap (currently $9,200/month for net resources). For income above the cap, the court may order additional support based on the child's proven needs. Enforcement includes income withholding, contempt, license suspension, liens on property, and criminal prosecution for willful nonpayment. Texas also allows for modification when there is a material and substantial change in circumstances or when three years have passed and the current order differs from the guidelines by at least 20% or $100.

Recent Legislative Changes

Texas has periodically updated its child support guidelines, including the net resources cap. The state has also refined its spousal maintenance provisions and expanded collaborative law processes for family disputes. Recent legislative sessions have addressed modifications to conservatorship and possession provisions.

Frequently Asked Questions