Texas Family Law Codes – Rules and Requirements
Did you know Texas family law controls divorce, custody, and support? This article explains the key rules and legal requirements you must follow. You will learn clear steps to protect your rights and avoid costly mistakes. We break down complex codes into simple, actionable guidance.
Texas Marriage License Rules
Getting a marriage license in Texas is a simple step you must take before your wedding day. You apply at a county clerk’s office, show your ID, and pay a fee to get the paper that lets you marry.
Texas has clear rules about who can marry and what papers you need. Knowing these rules helps you avoid delays and makes your big day smooth and happy.
Who Can Apply and What to Bring
You and your partner must both be 18 or older, or have a parent’s okay if you are 16 or 17. Both of you need to go to the clerk’s office with a valid photo ID like a driver license or passport.
The state does not ask for a blood test, and you do not need to be a Texas resident. If you were married before, bring the date your divorce was final or your spouse passed away.
Texas law says you have 90 days to use your license after you get it.
Here is a quick list of what most counties ask for:
- Valid photo ID for both people
- Social Security numbers (or a signed statement if you do not have one)
- Fee of about $70 to $85, less with a waiver class
- Proof of divorce if married before
After you get the license, there is a 72-hour wait before the wedding, but military couples and those with a course certificate can skip it. The person who marries you must sign the license and return it to the clerk within 30 days.
Divorce Residency Requirements in Texas
If you want to get a divorce in Texas, you must live in the state before you file. The law says one spouse needs to be a Texas resident for at least six months. Also, that person must live in the county where they file for at least 90 days.
These rules stop people from coming to Texas just to get a quick divorce. If you do not meet the time limits, the court will not accept your case. Below is a simple list of the main residency rules you should know.
Texas Divorce Residency Rules at a Glance
| Requirement | Time Needed |
|---|---|
| State residency (one spouse) | 6 months |
| County residency (filing county) | 90 days |
Let’s say you moved from California to Houston in January. You can file for divorce in Harris County only after you have lived in Texas for six months and in that county for 90 days. If you file too early, the judge will dismiss your case and you will wait longer.
Texas law requires six months of state residency and 90 days in the county before filing.
To make things easy, use this checklist before you go to court:
- Count your months in Texas from the day you moved.
- Check the date you started living in your current county.
- Wait until both clocks are done before you file.
Meeting the residency rules is the first step in a Texas divorce. If you are not sure about your dates, talk to a local family law attorney so you do not waste time and money.
Child Custody Practices in Texas
Under the Texas Family Law Code, child custody is called “conservatorship.” The court looks at what is best for the child and tries to keep both parents involved. Most of the time, judges give joint managing conservatorship so mom and dad share decisions about school and health.
A common question is who the child lives with most of the time. Texas law uses “possession and access” to set the schedule. The Standard Possession Order is the usual plan, but families can agree on their own calendar if it helps the child.
How Custody Decisions Work
The judge checks many things before making a custody order. They look at the child’s needs, each parent’s home, and any past family violence. A stable routine helps kids feel safe and do better in school.
Here are the main custody terms you will see in Texas papers:
- Joint managing conservator: Both parents share big decisions.
- Sole managing conservator: One parent makes the choices alone.
- Possession: The time a parent spends with the child.
- Access: The right to call, text, or visit the child.
For example, a dad may have the child on Thursdays and every first weekend. Mom may have the child the rest of the time. This clear plan lowers fights and helps the child know what comes next.
Texas courts start from the idea that kids do best with both parents in their lives.
If parents cannot agree, the judge will pick a plan. The table below shows a simple view of the Standard Possession Order for a school-age child:
| Day | Parent Time |
|---|---|
| Thursday evening | One parent (often non-primary) |
| First, third, fifth weekend | Non-primary parent |
| Spring break (odd years) | Non-primary parent |
| Summer (30 days) | Non-primary parent choice |
Keep records of your time with the child and any messages with the other parent. Good notes help if you later ask the court to change the order. A calm, child-first plan is the best way to follow Texas custody rules.
Community Property Division in Texas
When a couple gets divorced in Texas, the law says most things they own are community property. This means both people earned or bought it during the marriage, so it belongs to both. The court splits this property in a way that is fair and just, not always half and half.
A big question people ask is what counts as community property and what is separate. Separate property is what you owned before marriage, or gifts and inheritances just for you. Knowing the difference helps you protect what is yours when dividing assets.
What Texas Law Says About Splitting Property
Texas Family Code tells judges to divide community property in a fair way. Fair does not always mean equal. For example, if one parent stays with the kids most of the time, they may get the house.
Texas is a community property state, so most assets from marriage are split fairly by the court.
Here is a simple list of what is usually community vs separate property:
- Community: paychecks during marriage, family home bought together, shared bank accounts
- Separate: car owned before marriage, gift from a friend, money inherited by one spouse
If you hide assets or mix separate and community money, it gets messy. Keep records to show what is yours alone.
Examples and Tips to Help You
Let’s say Maria owned a laptop before she married Joe. That laptop is separate. But if they bought a TV together last year, that TV is community property. The court may give Joe the TV if Maria keeps the laptop.
Use this table to see how division may look:
| Item | Type | Who Gets It |
| House | Community | Spouse with kids |
| Watch from dad | Separate | Original owner |
To avoid fights, talk early and list what you both own. A clear plan keeps your divorce calm and saves money.
Child Support Calculations in Texas
Child support calculations in Texas help make sure kids get the money they need after their parents split up. The state uses a simple rule based on the paying parent’s net income and the number of children they must support.
For example, if a dad earns $3,000 a month after taxes and has two kids, he usually pays 25% of that income. That comes to $750 each month. Texas law sets clear percentages so families know what to expect.
How Texas Sets the Percentages
The Texas Family Code lists the share of net income a parent pays by child count. These rules keep things fair and easy to follow.
| Number of Children | Percent of Net Income |
|---|---|
| 1 child | 20% |
| 2 children | 25% |
| 3 children | 30% |
| 4 children | 35% |
| 5 or more | 40% or more |
Net income means money left after taxes, social security, and health insurance. If a parent has other kids in another home, the court may lower the amount a little.
Texas looks at net resources, not gross pay, to figure child support.
You can use the state’s online child support calculator to see your number fast. Always keep pay stubs and bills ready so the court gets the right facts.
Modifying Court Orders
Under the Texas Family Code, a court order regarding child custody, support, or visitation may be modified if the requesting party proves a material and substantial change in circumstances since the last order. The modification process typically requires filing a petition with the court that issued the original order and providing proper notice to all affected parties.
For child support modifications, Texas law generally requires a change in income or needs that would result in at least a 20% or $100 difference from the current order. Parents may also seek enforcement or clarification of existing orders through separate legal remedies defined in the Family Code.
Key References
- Texas Legislature – Texas Family Code
- Texas Law Help – Texas Law Help
- Office of the Attorney General Texas – Texas Attorney General