Texas Family Law Attorneys

At DearLegal, we connect you with experienced Texas family law attorneys who can navigate Texas’s community property framework and Family Code. Whether you’re in Houston, San Antonio, Dallas, Austin, Fort Worth, El Paso, or anywhere in the state, we’ll match you with the right attorney — at no cost to get started.

At minimum, 60 days from filing — Texas’s cooling-off period under Tex. Fam. Code § 6.702. Uncontested divorces typically finalize at or shortly after 60 days. Contested cases generally take 6–12 months, longer in busy metros like Harris (Houston), Dallas, and Bexar (San Antonio) counties.

Yes. Insupportability is the primary no-fault ground under Tex. Fam. Code § 6.001 — discord or conflict of personalities that destroys the legitimate ends of marriage. Texas also recognizes 6 fault grounds: cruelty, adultery, conviction of a felony, abandonment for 1+ year, living apart for 3+ years, and confinement in a mental hospital for 3+ years.

No pre-filing separation is required for insupportability. The 3-year-separation ground requires 3 years of living apart. The 60-day cooling-off period from filing is the only mandatory waiting period.

Texas is a community property state. All property acquired during the marriage is presumptively community property and divided in a "just and right" manner under Tex. Fam. Code § 7.001 — usually but not always equally. Separate property (acquired before marriage, by gift, or inheritance) is confirmed to the owner. Reimbursement claims for one estate’s contributions to another are common.

Texas uses conservatorship instead of custody. Joint managing conservatorship (JMC) is statutorily presumed under Tex. Fam. Code § 153.131. One parent is typically designated to determine the child’s primary residence. Possession and access follow the Standard Possession Order (SPO) under Tex. Fam. Code § 153.252 unless modified.

Texas uses a Percentage of Obligor Income model under Tex. Fam. Code § 154.125 — 20% of net resources for one child, 25% for two, 30% for three, 35% for four, 40% for five or more. Capped at $9,200/month net income (effective September 2019, indexed periodically). Below the cap, the percentages are presumptive.

Yes. Conservatorship can be modified on a material and substantial change in circumstances. Child support requires substantial change or 20%+ deviation. Spousal maintenance modification depends on the order. Property division is final.

Why Do You Need a Family Law Attorney in Texas?

Texas is one of nine community property states under Tex. Fam. Code § 3.002 — all property acquired during the marriage is presumptively owned 50/50. Texas allows no-fault divorce on insupportability (Tex. Fam. Code § 6.001) and has 6 fault grounds. Residency is 6 months in Texas and 90 days in the county before filing (Tex. Fam. Code § 6.301). Texas imposes a 60-day cooling-off period from filing before the divorce can be granted (Tex. Fam. Code § 6.702). Texas is unique in calling custody "conservatorship" — joint managing conservatorship is the statutory presumption under Tex. Fam. Code § 153.131. Texas spousal maintenance under Chapter 8 has strict eligibility requirements and is capped at $5,000/month or 20% of payor income, and limited in duration (5/7/10 years based on marriage length). Texas uses Percentage of Obligor Income for child support under Tex. Fam. Code § 154.125 — 20% of net resources for one child, capped at $9,200/month net income (effective 2019).

When Do You Need a Family Law Attorney in Texas?

Our network includes Texas family law attorneys who handle every kind of case, including:

Types of Family Law Cases in Texas

From the moment you connect with a Texas family law attorney, they go to work protecting your claim. The most common case types we handle:

Treating Texas as equitable distribution — it’s community property, just and right division (presumptively 50/50)

Hiding assets — Texas community property doctrine punishes nondisclosure

Posting on social media — Texas courts admit it heavily

Communicating ex parte with the judge

Filing in Texas when the child’s home state under UCCJEA is elsewhere

Missing the 6-month state / 90-day county residency requirement under Tex. Fam. Code § 6.301

Treating Texas as equitable distribution — it’s community property, just and right division (presumptively 50/50)

Hiding assets — Texas community property doctrine punishes nondisclosure

Posting on social media — Texas courts admit it heavily

Communicating ex parte with the judge

Filing in Texas when the child’s home state under UCCJEA is elsewhere

Missing the 6-month state / 90-day county residency requirement under Tex. Fam. Code § 6.301

Common Texas Family Law Mistakes

Even a small misstep can hurt your case. Here’s what to avoid:

How Much Do Texas Family Law Attorneys Cost?

Flat Fee

Most matters are billed as a flat fee per petition or filing — fee depends on case complexity.

Family law cases in Texas are not handled on contingency. Texas Disciplinary Rule of Professional Conduct 1.04(e) — patterned on ABA Model Rule 1.5(d) — prohibits contingent fees in any matter where the fee is contingent on securing a divorce or on the amount of alimony, support, or property settlement. Texas family law attorneys charge hourly (billed against a retainer) or a flat fee for uncontested matters. Courts may award fees under Tex. Fam. Code §§ 6.708 and 106.002.

What Can Your Texas Family Law Compensation Include?

Property Division

Community Property under Tex. Fam. Code §§ 3.002, 7.001 — just and right division (presumptively 50/50). Separate property confirmed to the owner.

Spousal Maintenance

Limited eligibility under Tex. Fam. Code Chapter 8. Capped at $5,000/mo or 20% of payor income. Duration 5 years (<10 yr marriage), 7 years (10-20 yr), 10 years (20-30 yr), longer for 30+ yr.

Child Support

Percentage of Obligor Income under Tex. Fam. Code § 154.125 — 20%/25%/30%/35%/40% for 1/2/3/4/5+ children; capped at $9,200/mo net income.

Custody and Parenting Time

Joint Managing Conservatorship presumed under Tex. Fam. Code § 153.131; possession follows Standard Possession Order under § 153.252.

Attorney’s Fees

Texas courts award fees in family law cases under Tex. Fam. Code §§ 6.708 (divorce) and 106.002 (suits affecting the parent-child relationship) based on conduct and need.

Protective Orders

Family Violence Protective Orders under Tex. Fam. Code Title 4 — ex parte and 2-year orders (lifetime in serious cases).

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DearLegal is a legal referral service, not a law firm. We connect individuals with licensed attorneys who can evaluate their case. Nothing on this page constitutes legal advice. Results vary based on individual circumstances.

Texas Family Law Attorneys

Why Do You Need a Family Law Attorney in Texas?

When Do You Need a Family Law Attorney in Texas?

Types of Family Law Cases in Texas

Common Texas Family Law Mistakes

How Much Do Texas Family Law Attorneys Cost?

What Can Your Texas Family Law Compensation Include?

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