Family law matters are among the most personal and emotionally challenging legal issues individuals face. Whether going through a divorce, fighting for custody of children, or seeking to establish paternity, having knowledgeable legal guidance makes a significant difference in outcomes.
Types of Family Law Cases
Family law in Texas covers a wide range of matters affecting families and households:
Divorce
Texas Divorce Basics
Texas is a "no-fault" divorce state, meaning neither spouse must prove wrongdoing. A divorce may be granted on the grounds of insupportability (irreconcilable differences). However, fault grounds such as cruelty, adultery, abandonment, or felony conviction may affect property division and spousal maintenance.
Residency Requirements — At least one spouse must have lived in Texas for six months and in the filing county for 90 days before filing.
Property Division — Texas is a community property state. Marital property is divided in a “just and right” manner, not necessarily 50/50. Separate property (owned before marriage or received as gifts/inheritance) generally remains with the original owner.
Spousal Maintenance (Alimony) — Limited to specific circumstances: marriages of 10+ years, domestic violence convictions, or disability. Awards are typically capped at $5,000/month or 20% of the paying spouse’s gross income for a maximum duration.
Child Custody (Conservatorship)
Texas law uses the term “conservatorship” for custody arrangements:
- Joint Managing Conservatorship — Both parents share rights and duties. This is the preferred arrangement in most cases.
- Sole Managing Conservatorship — One parent has exclusive rights to make major decisions. Typically ordered when the other parent is unfit.
- Possession and Access — The standard possession schedule (every first, third, and fifth weekend; Thursday evenings; alternating holidays; extended summer) applies to parents living within 100 miles.
- Best Interest of the Child — All custody decisions are made based on this standard, considering factors like the child's emotional and physical needs, parental stability, and the child's wishes (if 12 or older).
Child Support
Texas Child Support Guidelines
The Texas Family Code provides formula-based child support guidelines. Support is generally calculated as a percentage of the non-custodial parent's net resources: 20% for one child, 25% for two, 30% for three, 35% for four, and 40% for five or more. Additional medical and dental support obligations apply separately.
Other Family Law Matters
Adoption — Stepparent adoption, agency adoption, and related proceedings require court approval and a home study.
Grandparents’ Rights — Limited rights to seek possession or access when certain conditions are met.
Paternity — Establishment of legal fatherhood for children born to unmarried parents, including genetic testing and court orders.
Name Changes — Legal name changes for adults and children through district court proceedings.
Protective Orders — Protection against family violence through temporary or permanent protective orders.
Why You Need a Family Law Attorney
The Stakes Are Personal
Family law decisions affect the most important aspects of life: relationships with children, financial security, and personal freedom. Attempting to navigate these matters without legal representation can lead to unfavorable outcomes that last a lifetime.
What A Family Law Attorney Does
- Provides Objective Guidance — Helps clients focus on what matters legally, not just emotionally
- Handles Complex Paperwork — Texas family law forms and procedures are detailed and strict
- Negotiates Fair Settlements — Works toward agreements that serve clients’ interests without unnecessary litigation
- Protects Children’s Interests — Ensures custody and support arrangements prioritize children’s wellbeing
- Represents in Court — When agreement isn’t possible, presents the strongest case before a judge
Take the Next Step
If you are facing a family law matter, consider consulting with an experienced Bell County family law attorney. Many offer initial consultations to discuss your case and explain your legal options.