Texas Family Code – Marriage, Divorce, and Custody Rules
Do you know how Texas family law shapes your marriage, divorce, and custody rights? This article breaks down the Texas Family Law Code into clear, simple rules. You will learn key requirements for marriage, the steps for divorce, and how courts decide child custody. Get the facts you need to protect your family and make smart legal choices.
Texas Marriage License and Validity Rules
Getting married in Texas starts with a marriage license from the county clerk. Both people must go to the clerk’s office, show a valid ID, and pay a fee. The license is valid for 90 days, so the wedding must happen before that time runs out.
Texas has clear rules about who can marry and what makes a marriage valid. If you skip a step, the state may say the marriage is not legal. Knowing these rules helps you avoid problems later with divorce or custody.
Who Can Get a License and Key Rules
To get a Texas marriage license, each person must be 18 or older, or have a court order if younger. You cannot marry a close relative, and you must not already be married to someone else. After you get the license, there is a 72-hour wait before the ceremony, but military members and some others can skip this wait.
Texas law says a marriage is valid only when a licensed officiant signs the license after the ceremony.
Here are the main items clerks check before they give a license:
- Valid photo ID for both people
- Not currently married to another person
- Fee paid (usually $60 to $85 by county)
- Correct forms filled out and signed
If you were divorced in Texas, you may need to wait 30 days after the divorce is final to marry again, unless the judge says otherwise. Keep your signed license copy, since you need it to prove the marriage is real.
| Rule | Details |
|---|---|
| License validity | 90 days from issue date |
| Waiting period | 72 hours after license issue |
| Age minimum | 18, or court approval under 18 |
Following these Texas marriage license and validity rules keeps your wedding legal from day one. If you have questions, the county clerk’s office gives free help before you apply.
Grounds for Divorce in Texas
Texas law gives you two main ways to end a marriage. You can use “no-fault” grounds or “fault” grounds. No-fault means you do not have to prove your spouse did something wrong. Most people in Texas pick this route because it is simpler and faster.
Fault grounds include cruelty, adultery, felony conviction, abandonment, or living apart for at least three years. These reasons can change how the court splits property or sets spousal support. Below is a simple list of the common grounds you can use in Texas.
Common Grounds You Can Use
Texas Family Law Code lists clear reasons for divorce. Here are the main ones:
- Insupportability: No-fault ground. The marriage cannot work due to conflict.
- Cruelty: One spouse is mean enough to make living together hard.
- Adultery: A spouse had sex with someone else during the marriage.
- Felony conviction: Spouse got prison for over a year and you did not take part.
- Abandonment: Spouse left for at least one year with no intent to return.
- Living apart: You both lived in different homes for three straight years.
- Confinement in a mental hospital: Spouse has been there for three years with low chance of recovery.
Most filings in Texas use insupportability. It keeps things calm and costs less. But if your spouse hid money or was violent, a fault ground may help you in court. A local family lawyer can show you which fit your case.
Texas lets you divorce without blame, but fault can still shift the outcome.
Think about your proof before you file. Texts, bank records, or police reports can back a fault claim. If you just want to move on, no-fault is fine. The table below shows how long each ground may take in a simple case.
| Ground | Min Time Apart | Proof Needed |
|---|---|---|
| Insupportability | 0 days | None |
| Abandonment | 1 year | Left home, no return |
| Living apart | 3 years | Separate homes |
Pick the ground that matches your truth and your goals. Good records and a clear plan keep your Texas divorce on track.
Community Property Division Basics
When a couple gets divorced in Texas, most things they own are split under community property rules. Community property means almost everything earned or bought during the marriage belongs to both spouses equally. This rule comes straight from the Texas Family Law Code and applies to houses, cars, paychecks, and even debt.
A big question people ask is: what is separate property? Separate property is what you owned before marriage, or gifts and inheritances just for you. Those items stay with you. Knowing the difference helps you protect what is yours and plan a fair split.
What Gets Divided in a Texas Divorce
The court divides community property in a way that is just and right, not always 50/50. A judge looks at things like who has the kids, how much each person earns, and fault in the breakup. Here is a simple list of common community items:
- Home bought during marriage
- Joint bank accounts
- Retirement from job held while married
- Credit card debt from shared spending
Separate property needs clear proof. Keep papers like deeds from before marriage or letters showing an inheritance.
Texas law says community property is owned equally by both spouses.
Look at this table to see the difference fast:
| Type | Example | Who Keeps It |
|---|---|---|
| Community | Salary in 2023 | Split by court |
| Separate | Bike owned in 2019 | Original owner |
To make things smooth, collect records early. Talk to a family lawyer so you show the right facts. Good prep cuts stress and helps the judge see a fair plan for your family.
Child Custody Types Under Texas Law
When parents in Texas split up, the court looks at how to care for the kids. Texas law uses clear labels for custody so both mom and dad know their jobs. The two big types are conservatorship and possession, which decide who makes choices and who spends time with the child.
Most families get joint managing conservatorship, where both parents share decisions like school and doctor visits. But one parent may get sole managing conservatorship if the other is unsafe. A parent with visitation rights sees the child on a schedule set by the court or an agreement.
Common Custody Labels in Texas
Texas sticks to plain terms so people are not confused. Here is a simple list of what you may hear in court:
- Joint Managing Conservatorship: Both parents share big decisions.
- Sole Managing Conservatorship: One parent decides everything.
- Possession and Access: The plan for when the child is with each parent.
The court always picks what is best for the child, not what is easy for adults. A standard schedule often gives the non-primary parent every first, third, and fifth weekend plus half the holidays.
Texas courts favor joint conservatorship unless a parent puts the child at risk.
If you want to show the judge you are ready, keep a calm home and a steady routine. Write down pickup times and share school reports. This helps the case move smooth and shows you care about the child’s daily life.
Child Support Calculation Factors in Texas Family Law
When parents split up in Texas, the court uses clear rules from the Texas Family Law Code to decide child support. The main thing they look at is how much the paying parent earns each month. This is called net monthly income, and it includes wages, bonuses, and some other money sources.
Texas uses a simple percentage chart based on how many kids need support. For one child, the rate is 20% of net income. Two children are 25%, three are 30%, four are 35%, and five or more are at least 40%. These numbers help make the process fair and easy to follow for families.
What Counts as Income for Child Support
The Texas Family Law Code looks at many types of money when figuring support. It is not just the paycheck from a job. Below is a quick list of what counts:
- Wages and salary from work
- Bonuses and commissions
- Self-employment earnings
- Social Security or disability benefits
- Rental income from property
Some things do not count, like money from food stamps or certain veteran benefits. If a parent tries to hide income, the court can estimate it using past work history.
Texas law presumes the percentage guidelines are right unless proof shows a different amount is needed.
Extra costs like health insurance and daycare can change the final number. The court adds these to the basic support to cover the child’s full needs. For example, if Dad pays $100 a month for the child’s insurance, that gets added on top of the percentage amount.
When the Basic Formula Does Not Apply
Sometimes the court changes the amount because of special situations. If the paying parent has other kids to support, the rate may drop a little. If the child has high medical needs, the number may go up.
| Number of Children | Base Percentage |
|---|---|
| 1 | 20% |
| 2 | 25% |
| 3 | 30% |
| 4 | 35% |
| 5 or more | 40%+ |
A parent can ask for a review if income changes by 20% or more. Keeping good records of pay stubs and bills helps the case move faster. Talking to a family law expert gives the best shot at a fair result.
Modifying Custody and Support Orders
Under the Texas Family Law Code, custody and support orders may be modified when a material and substantial change in circumstances occurs that affects the child’s best interest or a party’s ability to pay. The court retains continuing jurisdiction to review and adjust prior orders based on evidence presented by the requesting party.
A parent or guardian must typically file a petition to modify with the court that issued the original order, and temporary orders may be available during pending modification suits. Enforcement and modification procedures are strictly governed by statutory timelines and notice requirements to protect the rights of all parties involved.
Key Sources for Texas Family Law References
Below are main pages of authoritative sources on Texas family law rules and procedures: