A plain-language guide to Texas family law

Texas has its own vocabulary for family law, including conservatorship instead of custody and community property for dividing assets. This guide explains the basics. It is general information, not legal advice.

01Divorce, residency, and the waiting period

Texas allows no-fault divorce on the ground of insupportability, and also recognizes fault grounds. To file, one spouse must have lived in Texas for six months and in the county for 90 days. After filing, there is generally a 60-day waiting period before a divorce can be finalized.

02Conservatorship and possession

Texas uses conservatorship rather than custody. A managing conservator makes major decisions, and a possessory conservator has time with the child. Many orders use a Standard Possession Order for the schedule. These issues are decided by the best interest of the child in a suit affecting the parent-child relationship.

03Child support

Texas sets guideline child support as a percentage of the paying parent's net monthly resources, often around 20 percent for one child and rising with more children, subject to caps and adjustments.

04Community property

Texas is a community property state. Property acquired during the marriage is generally community property and is divided in a just and right manner, which is not always equal. Separate property, such as most assets owned before the marriage or received by gift or inheritance, stays separate.

05Spousal maintenance

Texas limits court-ordered spousal maintenance to specific situations, such as longer marriages or family violence, and caps the amount and duration. Spouses can also agree to contractual alimony.

06When to talk to a Texas attorney

Consider a licensed Texas attorney when conservatorship, support, or property is disputed, or when a case crosses state lines. The official resources below can help you start.