By Justin D. Cook, Esq. Managing Partner | The Cook Law Firm & Associates PLLC | San Antonio, Texas | Last reviewed: September 2026
Family law disputes can affect housing, parenting time, finances, retirement assets, and long-term obligations. In Texas, the legal issues differ depending on whether the matter involves divorce, conservatorship, possession and access, child support, spousal maintenance, modification, or enforcement of an existing order.
Not every family law matter requires a contested court battle or full-service representation. Some agreed cases can be handled with self-help forms or limited legal assistance, while cases involving children, significant property, domestic violence, hidden assets, or disputed orders may require more individualized legal advice.
This guide explains the main Texas family-law rules that San Antonio families should understand before filing, negotiating an agreement, or asking a court to modify or enforce an order.
Texas Divorce Residency Requirements
A Texas divorce cannot be filed simply because one spouse happens to be in the state. Under Texas Family Code § 6.301, at the time the divorce is filed either the petitioner or respondent generally must have been a Texas domiciliary for the preceding six months and a resident of the county where the case is filed for the preceding 90 days.
Military service and other public service can affect how residence is counted. A spouse who lives outside Texas may also be able to file in the county where the Texas-domiciled spouse resides if the statutory requirements are met.
Texas Generally Requires a 60-Day Waiting Period for Divorce
Texas Family Code § 6.702 generally prevents a court from granting a divorce before the 60th day after the suit is filed. Limited exceptions apply in specified family-violence circumstances.
The 60-day rule is a minimum waiting period, not a promise that every divorce will be completed on day 61. Court availability, service, property issues, required disclosures, parenting disputes, and the need for signed final documents can extend the timeline.
Property Division Is Based on a ‘Just and Right’ Division
Texas is a community-property state, but divorce does not automatically require a 50/50 split of every asset. The court is directed to divide the marital estate in a manner it considers ‘just and right,’ having due regard for the rights of each party and any children of the marriage.
The analysis can involve community property, separate property claims, retirement accounts, real estate, businesses, debts, reimbursement issues, and whether assets have been transferred, concealed, or depleted.
Separate property generally is not divided as community property, but the spouse claiming separate-property status may need evidence sufficient to trace the asset or establish the claim.
Child Custody in Texas Is Called Conservatorship
Texas uses the term ‘conservatorship’ rather than simply ‘custody.’ A court can appoint parents as joint managing conservators or, in appropriate cases, name one parent a sole managing conservator.
Under Texas Family Code § 153.002, the best interest of the child is the court’s primary consideration when deciding conservatorship, possession, and access.
Joint managing conservatorship does not necessarily mean equal possession time. Orders can allocate decision-making rights, designate a child’s primary residence, set geographic restrictions, and establish possession schedules based on the facts and the child’s best interest.
Child Support Uses Statutory Guidelines
Texas child support is generally calculated under statutory guidelines based on the obligor’s net resources, subject to adjustments and exceptions.
For many cases within the statutory guideline range, the presumptive percentages begin at 20% of net resources for one child, 25% for two children, 30% for three, 35% for four, and 40% for five, with different low-income and multiple-family calculations. Texas Family Code § 154.125 – child support guidelines
The guideline amount is not always the final amount. Courts can consider statutory factors when a guideline result would be unjust or inappropriate, and health or dental support may also be ordered.
Spousal Maintenance Is Not Automatic
Texas spousal maintenance is narrower than the broad idea of ‘alimony’ that people sometimes assume applies in every divorce. Eligibility, amount, and duration depend on statutory requirements, including the length of the marriage, family violence, disability, caregiving responsibilities, and the spouse’s ability to meet minimum reasonable needs.
A negotiated contractual support arrangement can differ from court-ordered statutory maintenance, so the source and enforceability of the obligation should be understood before an agreement is signed.
Temporary Orders Can Shape the Case Before Final Judgment
While a divorce or parent-child case is pending, Texas courts can enter temporary orders addressing issues such as temporary conservatorship, child support, possession and access, use of property, payment of expenses, and preservation of the marital estate. Texas Family Code § 105.001 – temporary orders involving children
Temporary orders can have a practical effect for months while a case is pending, so parties should not treat them as unimportant simply because they are not the final decree.
Agreed and Uncontested Cases May Not Require Full-Scale Litigation
TexasLawHelp provides self-help materials for certain agreed, default, and uncontested family-law matters. These tools can be appropriate when the parties truly agree on all material issues and the case fits the forms provided. TexasLawHelp – uncontested divorce with children
Self-help forms are not designed for every contested or complex case. Significant property, business interests, retirement division, disputed parentage, family violence, unusual possession arrangements, military benefits, or disagreements over children can require more individualized analysis.
A Neutral Resource on Divorce Cost and Limited-Service Options
People comparing fee structures and uncontested-divorce options in Bexar County may also encounter information from affordable divorce lawyers San Antonio. Private law-firm pricing pages can provide examples of flat-fee or limited-service arrangements, but they should not be read as a universal statement of what a Texas divorce will cost. Fees depend on the issues, services included, court filings, complexity, and whether the case becomes contested.
When Legal Advice May Be Especially Useful
Some family-law matters can be completed without full representation. Legal advice may be more useful when the consequences are difficult to reverse or the facts are disputed.
There Are Disputes About Children
Contested conservatorship, relocation, geographic restrictions, possession, family violence, substance use, or significant disagreements over decision-making can require evidence and orders tailored to the child’s best interest.
The Marital Estate Is Complex
Businesses, retirement accounts, stock options, real estate, separate-property claims, tax issues, debt, or suspected asset concealment can make a simple form-based property division risky.
Domestic Violence or Safety Concerns Are Present
Safety concerns can change how service, mediation, temporary orders, possession, and communications should be handled. Protective-order issues may also overlap with divorce and conservatorship proceedings.
A Proposed Settlement Is Difficult to Evaluate
A settlement agreement can determine property rights, parenting arrangements, support, debt allocation, and future enforcement. A person should understand what is being waived and whether the agreement can realistically be followed before signing.
You Need to Modify or Enforce an Existing Order
Parents cannot reliably change a final custody, visitation, or support order simply by agreeing informally. TexasLawHelp explains that a court order remains in effect until a judge changes it through a proper modification proceeding. TexasLawHelp – modifying custody, visitation, and support orders
What to Gather Before a Family-Law Consultation
- marriage date and separation timeline;
- prior court orders involving the spouses or children;
- income records, tax returns, and recent pay statements;
- bank, investment, and retirement statements;
- mortgage, lease, and real-estate records;
- business ownership documents if applicable;
- debts and credit obligations;
- health-insurance and benefit information;
- school, medical, and childcare information for children; and
- a list of the issues on which the parties agree and disagree.
For a practical organization checklist, see Find Attorneys’ Texas Divorce Paperwork: A Practical Guide to Organizing Forms, Deadlines, and Records.
Readers can also browse additional Find Attorneys family-law resources for related divorce, custody, and support topics.
How to Evaluate a San Antonio Family Law Attorney
Useful questions can include:
- How often do you handle Texas divorce and conservatorship cases?
- Who will personally handle my case and attend hearings?
- Which issues appear agreed, and which are likely to be contested?
- What temporary orders might be needed?
- How do you approach property tracing or business-valuation issues?
- How are fees, retainers, and litigation costs structured?
- Is mediation appropriate for this case?
- What documents should I preserve now?
- What would make the case more expensive or time-consuming?
- Are there issues that could affect the final order long after the divorce is complete?
Frequently Asked Questions
How long must I live in Texas before filing for divorce?
Texas Family Code § 6.301 generally requires either spouse to have been domiciled in Texas for the preceding six months and a resident of the filing county for the preceding 90 days.
Can a Texas divorce be final in less than 60 days?
Usually no. Section 6.702 generally requires a 60-day waiting period after filing, although specified family-violence exceptions can remove the waiting period.
Does Texas automatically divide property 50/50?
No. Texas courts divide the marital estate in a manner the court considers just and right. Separate property is generally not divided as community property, but classification and tracing can be disputed.
Does joint custody mean equal parenting time in Texas?
No. Texas uses the term joint managing conservatorship, but that status does not automatically create a 50/50 possession schedule. The order can allocate rights and possession differently based on the child’s best interest.
How is child support calculated in Texas?
Texas uses statutory guidelines based primarily on the obligor’s net resources, number of children before the court, and certain other support obligations. Courts can depart from the presumptive guideline amount when statutory factors justify a different result.
Do I need a lawyer for an uncontested divorce?
Not necessarily. Texas provides self-help resources for certain agreed and default cases. Legal review may be useful when there is significant property, retirement, children, military benefits, unusual agreements, or uncertainty about the final decree.
Can parents change custody or support without going back to court?
Parents can make informal arrangements, but the existing court order remains legally enforceable until a judge signs a modification. A formal modification is usually necessary to change the order itself.
What if there is family violence?
Family violence can affect protective orders, possession, temporary orders, and the divorce waiting period. Safety concerns should be raised early so the appropriate procedures can be considered.
Authorities & Sources
- Texas Family Code Chapter 6 – Divorce, residency, waiting period, and temporary orders
- Texas Family Code Chapter 153 – Conservatorship, possession, and best interest
- Texas Family Code Chapter 154 – Child support guidelines
- Texas Family Code Chapter 156 – Modification
- TexasLawHelp – Divorce with children
- TexasLawHelp – Child custody and conservatorship
- TexasLawHelp – Changing custody, visitation, or support
About the Author
Justin D. Cook, Esq. is the Managing Partner of The Cook Law Firm & Associates PLLC in San Antonio. His practice includes family law, divorce, child custody, child support, criminal defense, and patent law. Cook earned a Bachelor of Science in engineering from Texas A&M University and his J.D. from St. Mary’s University School of Law. Licensed in Texas, he opened his own practice in 2006 and has represented clients in state and municipal courts.
Disclaimer
This article provides general legal information and is not legal advice. Texas divorce, property division, conservatorship, possession, child support, maintenance, modification, enforcement, and temporary-order issues depend on the facts and applicable law. Statutes, court procedures, and local rules can change. Reading this article or following a link does not create an attorney-client relationship. Anyone with a specific family-law matter should verify current requirements and obtain advice appropriate to their circumstances.
