Texas Divorce Laws: Residency, Waiting Period, Custody and Support
Texas divorce rules: residency requirement, grounds, waiting period, filing fee, property division, alimony, custody, child support and uncontested divorce.
Quick answers for Texas
- Residency requirement
- At the time the divorce is filed, either spouse must have lived in (been domiciled in) Texas for the preceding six months and in the county where the case is filed for the preceding 90 days. Tex. Fam. Code §§ 6.301, 6.302, 6.303
- Waiting period
- A court generally may not grant a divorce before the 60th day after the date the divorce was filed. The waiting period does not apply if the other spouse was convicted of, or received deferred adjudication for, family violence against the filing spouse or a household member, or if the… Tex. Fam. Code § 6.702
- Dividing property
- Texas is a community property state. Community property is property, other than separate property, acquired by either spouse during the marriage, and property held by either spouse during or at the end of the marriage is presumed to be community property. Tex. Fam. Code §§ 3.001, 3.002, 3.003, 7.001
- Filing fee
- Fees are set locally. The Supreme Court of Texas-approved divorce form instructions say the filing fee may be between $150 and $300, depending on where you live, plus a separate fee if the clerk arranges service on your spouse. Supreme Court of Texas, Approved Divorce Forms (Divorce Set 1) instructions
- When child support ends
- A court may order child support until the child turns 18 or graduates from high school, whichever is later. Tex. Fam. Code §§ 154.001, 154.002, 154.006, 154.302
Last verified: 2026-10-27
Filing for divorce
| Residency requirement | At the time the divorce is filed, either spouse must have lived in (been domiciled in) Texas for the preceding six months and in the county where the case is filed for the preceding 90 days. If one spouse has lived in Texas for at least six months, a spouse living in another state or country may file in the county where the Texas spouse lives. Time a Texas resident spends away in military or government service counts as Texas residence. |
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| Grounds for divorce | Texas allows a no-fault divorce when the marriage has become "insupportable" because of discord or conflict of personalities that ends the purpose of the marriage and prevents any reasonable expectation of reconciliation. Fault grounds also exist: cruelty, adultery, conviction of a felony with at least one year of imprisonment (and no pardon), abandonment for at least one year, living apart without cohabitation for at least three years, and confinement in a mental hospital for at least three years. Source: Tex. Fam. Code §§ 6.001–6.007 |
| Waiting period | A court generally may not grant a divorce before the 60th day after the date the divorce was filed. The waiting period does not apply if the other spouse was convicted of, or received deferred adjudication for, family violence against the filing spouse or a household member, or if the filing spouse has an active protective order or emergency protective order based on family violence during the marriage. No waiting period applies to an annulment. The Supreme Court-approved divorce form instructions tell filers they may finalize the divorce after 61 days have passed since filing. Source: Tex. Fam. Code § 6.702 |
| Filing fee | Fees are set locally. The Supreme Court of Texas-approved divorce form instructions say the filing fee may be between $150 and $300, depending on where you live, plus a separate fee if the clerk arranges service on your spouse. If you cannot pay court fees, you can file an Affidavit of Indigency asking the court to let you proceed without paying. Ask the district clerk in your county for the exact current fee. |
| Uncontested or simplified divorce | Texas has no separate summary divorce procedure, but the Supreme Court of Texas has approved a do-it-yourself form set for uncontested, no-fault divorces where the spouses have no minor children together and no real property. It is not for cases where the spouses disagree, the wife is pregnant, there is a disabled child, spousal maintenance is requested, either spouse owns or is buying real estate, or there is an ongoing bankruptcy. The other spouse can sign a waiver of service instead of being formally served. |
| Divorce forms | The Supreme Court of Texas has approved uniform divorce forms ("Divorce Set 1") for uncontested divorces with no minor children and no real property; using them is optional, and a court cannot refuse them just because you don't have a lawyer. The set contains instructions and seven forms: an Affidavit of Indigency, Original Petition for Divorce, Waiver of Service, Final Decree of Divorce, Certificate of Last Known Address, Notice of Change of Address and Affidavit of Military Status. The Texas Judicial Branch's self-help page also points to eFile Texas Self Help, a free site that helps you fill out common court forms and file them electronically, and to TexasLawHelp.org for information on simple civil matters. Divorce Set 1 PDF: https://www.txcourts.gov/media/515764/divorceset1forms.pdf |
Property and alimony
| Dividing property | Texas is a community property state. Community property is property, other than separate property, acquired by either spouse during the marriage, and property held by either spouse during or at the end of the marriage is presumed to be community property. Separate property is property owned before marriage, property received during marriage by gift or inheritance, and personal-injury recoveries (except for lost earning capacity during the marriage); it must be proved by clear and convincing evidence. In a divorce, the court divides the estate in a way it considers "just and right," having due regard for the rights of each party and any children. |
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| Alimony (spousal support) | Court-ordered spousal maintenance is limited. It is available only if the spouse asking for it will lack enough property, including separate property, to meet minimum reasonable needs, and either (1) the other spouse committed family violence within two years before filing or while the case was pending, or (2) the requesting spouse cannot earn enough because of an incapacitating disability, has been married 10 years or longer and lacks the ability to earn enough, or cares for a disabled child of the marriage. Payments may not exceed the lesser of $5,000 per month or 20% of the paying spouse's average monthly gross income. The maximum length is generally 5 years (marriages of 10–20 years, or under 10 years when based on family violence), 7 years (20–30 years) or 10 years (30 years or more), and should be the shortest reasonable period; disability-based maintenance can continue as long as the eligibility continues. |
Children: custody and support
| Child custody | Texas uses the terms "conservatorship" and "possession and access." The best interest of the child is always the primary consideration. There is a rebuttable presumption that appointing both parents as joint managing conservators is in the child's best interest; a history of family violence between the parents removes that presumption. In a nonjury trial or hearing, on a party's request, the judge must interview a child 12 or older in chambers (and may interview a younger child) about the child's wishes on conservatorship or primary residence. |
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| Emergency and temporary custody | While a custody (conservatorship) case is pending, the court may make temporary orders for the safety and welfare of the child, including temporary conservatorship and temporary support. Temporary conservatorship and support orders generally require notice and a hearing; the statute allows a conservatorship order without notice and an adversary hearing only for an emergency order sought by a governmental entity under the child-protection chapter (Chapter 262). Temporary restraining orders, such as orders keeping a party from disturbing the peace of the child or removing the child from an area, can be issued without a verified pleading, but an order attaching the child, taking the child into the court's possession, or excluding a parent from possession of or access to the child requires a verified pleading or affidavit. Temporary orders cannot be appealed before the final order, and violating them can be punished as contempt. Source: Tex. Fam. Code § 105.001 |
| Parenting class or mediation | There is no statewide requirement for all divorcing parents. In a case involving children, the court may order the parents to attend a parent education and family stabilization course (4 to 12 hours) if it is in the child's best interest, and parents may not be required to attend together. The court may also refer a divorce to mediation, on the parties' agreement or on its own motion. Some courts have local rules on parenting courses; check your county's local rules. Source: Tex. Fam. Code §§ 105.009, 6.602 |
| Grandparents' rights | A biological or adoptive grandparent may file for possession of or access to a grandchild, with an affidavit stating facts showing that denial would significantly impair the child's physical health or emotional well-being. The court may grant it only if at least one parent still has parental rights, the grandparent proves by a preponderance of the evidence that denial would significantly impair the child's physical health or emotional well-being, and the grandparent's own child (the child's parent) has been in jail or prison during the three months before filing, has been found incompetent, has died, or does not have actual or court-ordered possession of or access to the child. |
Child support
| Child support | Texas uses a percentage-of-income model based on the paying parent's monthly net resources: 20% for one child, 25% for two, 30% for three, 35% for four, 40% for five, and not less than the five-child amount for six or more. A lower schedule applies when the paying parent's net resources are under $1,000 a month. The guidelines apply to net resources up to a cap published by the Attorney General; the Attorney General's calculator states the cap is $11,700 per month. The Attorney General's online calculator gives an estimate for a single source of income. Official calculator: https://texasattorneygeneral.gov/cs/calculator/index.php |
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| How to apply for child support | The Office of the Attorney General (OAG) Child Support Division says applying online through its Child Support Online account is the fastest way to open a case. You provide information about yourself, the other parent and the children (such as Social Security and driver's license numbers, employment history and contact information). If you cannot apply online, you can call (800) 252-8014 to have a paper application mailed to you; mailed applications take longer. The OAG also offers a way to apply safely for people concerned about family violence. |
| When child support ends | A court may order child support until the child turns 18 or graduates from high school, whichever is later. Support may continue past 18 while the child is enrolled in a program leading to a high school diploma (or certain joint high school and junior college courses) and meets attendance requirements, through the end of the month the child graduates. Unless otherwise agreed or ordered, support ends earlier if the child marries, has disabilities of minority removed, dies, or begins active military service. For a child whose mental or physical disability existed (or whose cause was known) by age 18 and who needs substantial care and personal supervision and cannot support themselves, the court may order support for an indefinite period. |
| Changing a child support order | A court may change child support if the circumstances of the child or a person affected by the order have materially and substantially changed since the order (or the mediated or collaborative agreement it was based on), or if it has been three years since the order was set or last changed and the monthly amount differs by 20% or $100 from what the guidelines would give. Examples the OAG lists include a change in the paying parent's income, new children the paying parent is legally responsible for, changed medical coverage, or the child moving to the other parent. Parents with an open OAG case can submit a Request for Review online or by mail; the order can only be changed through the OAG's Child Support Review Process or a court hearing, and informal agreements between parents do not change the court-ordered amount. OAG request page: https://www.texasattorneygeneral.gov/child-support/paying-and-receiving-child-support/get-back-track/modify-child-support/support-modification-process |
| If child support isn't paid | The OAG can enforce child support orders with remedies up to and including contempt, probation and possibly incarceration. It can ask more than 60 licensing agencies to suspend driver's, professional, hunting and fishing licenses when a parent owes at least three months of support and does not follow a repayment schedule; deny a new or renewed passport; deny motor vehicle registration renewal; and file liens on property, bank accounts, retirement plans, life insurance, personal injury claims, settlements and other assets. By statute, unpaid support can also be collected through contempt, liens, levies on financial accounts, money judgments and income withholding, and overdue support accrues 6% simple interest per year. Statute text: https://tcss.legis.texas.gov/resources/FA/htm/FA.157.htm. The OAG does not enforce visitation orders; it refers parents to its Access & Visitation Hotline. |
| State child support agency | Child support in Texas is handled by the Child Support Division of the Office of the Attorney General. It helps open child support cases, establish paternity (including the Acknowledgement of Paternity), set and modify orders, collect and distribute payments, and enforce orders through wage withholding and other tools. Parents can apply online, pay or receive support, and manage their case through an online account; the Division also runs an Access and Visitation Hotline and offers a child support calculator. |
| Official child support calculator | The Texas Office of the Attorney General (Child Support Division) offers an online Monthly Child Support Calculator. It provides an estimate for a single source of income, and the actual amount set or approved by the court may differ. The guidelines apply to monthly net resources up to $11,700, and the calculator does not calculate support above that amount (Texas Family Code Sec. 154.125(a)). |
Separation, annulment, records and marriage
| Legal separation | Texas law does not provide a legal separation proceeding. Chapter 6 of the Family Code covers only divorce, annulment and declaring a marriage void. While a divorce is pending, the court can issue temporary orders. |
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| Annulment | A court may annul a marriage when: a party aged 16 or 17 married without parental consent or a court order (a next friend must file within 90 days); a party was under the influence of alcohol or narcotics and could not consent; a party was permanently impotent and the other did not know; fraud, duress or force was used; a party lacked mental capacity; the other party concealed a divorce from someone else within 30 days before the wedding (must file within one year); or the ceremony took place within 72 hours after the license was issued in violation of the waiting rule (must file within 30 days). For most grounds, the filing spouse must not have voluntarily lived with the other after learning of the problem. Separately, marriages between close relatives and bigamous marriages are void. |
| Common-law marriage | Yes. Texas recognizes informal (common-law) marriage. It can be proved by a signed declaration of informal marriage registered with the county clerk, or by showing the couple agreed to be married, then lived together in Texas as spouses and represented to others that they were married. If a case to prove the marriage is not filed within two years after the couple separated, it is presumed there was no agreement to be married. A person under 18, or a person already married to someone else, cannot enter an informal marriage. Source: Tex. Fam. Code §§ 2.401, 2.402 |
| Changing your name after divorce | In a divorce or annulment decree, the court must change a party's name to a name the party previously used if the party specifically asks, unless the court states a reason for denying it; the court may not deny it only to keep family members' last names the same. A name change certificate can be obtained from the court clerk. Otherwise, an adult can file a separate petition to change name in the county where the adult lives; the petition must be verified and include fingerprints and information about any felony conviction and sex-offender registration. |
| Divorce records | Certified copies of divorce decrees are available only from the district clerk in the county where the divorce was granted. Texas DSHS Vital Statistics does not issue decrees; it issues letters verifying whether a divorce was recorded with the state, for divorces from 1968 onward, at $20 per verification. A verification letter is not a legal substitute for a divorce decree. Fees page: https://www.dshs.texas.gov/vital-statistics/costs-fees |
Marriage and name changes
| Getting a marriage license | Apply to a county clerk on the state form. The clerk must see proof of identity and age for each applicant, such as a current (or expired less than two years) driver's license or ID card, a U.S. or foreign passport, a certified birth certificate, a military ID, or certain federal immigration documents. An adult who cannot appear may have someone apply for them with a notarized affidavit. The ceremony may not take place during the 72 hours after the license is issued, unless an applicant is active-duty military or a Defense Department employee or contractor, gets a judge's written waiver, or completed a qualifying premarital education course within the past year. The license expires if the ceremony is not held before the 90th day after issuance. The county clerk's fee is $60; it is waived for Texas residents who complete an eight-hour premarital education course, and a $100 additional fee may be charged if neither applicant is a Texas resident. Fee provisions: Tex. Loc. Gov't Code ch. 118, https://tcss.legis.texas.gov/resources/LG/htm/LG.118.htm |
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| Minimum marriage age | A person under 18 may not marry unless a Texas court (or another state's court) has removed the person's disabilities of minority for general purposes; the clerk cannot issue a license to an underage applicant without that order. Parental consent alone is not enough. |
| Legal name change | File a verified petition in the county where you live, stating your current name and residence, the new name, the reason, whether you have a final felony conviction or must register as a sex offender, and including a set of fingerprints. The court must grant the change if it is in your interest and the public's interest (presumed for participants in the attorney general's address confidentiality program). A person with a felony conviction generally must have been discharged or completed supervision at least two years earlier, or been pardoned. The statute does not require newspaper publication. |
Adoption, guardianship and paternity
| Adoption requirements | An adult with standing may petition to adopt, and both spouses must join if the petitioner is married. A child may be adopted only if each living parent's rights have been terminated (or termination is joined with the adoption), or in a stepparent adoption, or in limited cases involving a long-term caregiver or former stepparent. Termination requires clear and convincing evidence of a statutory ground (for example, leaving the child without adequate support for at least six months, or endangering the child) and that termination is in the child's best interest. A managing conservator who is not the petitioner must consent in writing (the court may excuse an unjustified refusal), and a child 12 or older must consent unless the court waives it. An adoption evaluation of the home and social environment is required, and the child must generally live with the petitioner for at least six months before the adoption is granted, though the court may waive this in the child's best interest. |
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| Stepparent adoption | A stepparent may adopt when the parent whose rights have not been terminated is the petitioner's spouse; that parent joins the petition, and no further consent from that parent is needed. The other parent's rights must be terminated (voluntarily or on a statutory ground). In an uncontested stepparent adoption, the court may waive the adoption evaluation after reviewing the Department of Family and Protective Services' investigative records and the stepparent's criminal history. |
| Guardianship of a child | Under the Estates Code, a minor is an 'incapacitated person' for whom a guardian may be appointed, and any person may file a sworn application in a court with jurisdiction and venue. Parents are the natural guardians of their children. A surviving parent may name a guardian of the person by will or written declaration, and the court must appoint that person unless that person is disqualified, has died, refuses to serve, or would not serve the children's best interests; otherwise, for an orphaned minor, the nearest ascendant (such as a grandparent), then the nearest relative, has priority. The court must find by clear and convincing evidence that a guardianship is in the minor's best interest, and that it is not being created mainly to enroll the minor in a school district. |
| Guardianship of an adult | Any person may file a sworn application. Before appointing a guardian, the court must find by clear and convincing evidence that the adult is incapacitated (substantially unable to provide food, clothing or shelter, care for their health, or manage their finances because of a physical or mental condition), that guardianship is in their best interest, and that alternatives to guardianship and available supports and services that would avoid guardianship were considered and are not feasible. Listed alternatives include medical and durable powers of attorney, mental health declarations, representative payees, joint accounts, management and special needs trusts, and person-centered decision-making. For a partial guardianship, the order must say whether the person can make decisions about residence, voting, driving and marriage. Definitions: Tex. Est. Code ch. 1002, https://tcss.legis.texas.gov/resources/ES/htm/ES.1002.htm |
| Establishing paternity | The mother and a man claiming to be the biological father may sign an acknowledgment of paternity under penalty of perjury; it is filed with the vital statistics unit. A signer may rescind by filing a completed rescission form with the vital statistics unit before the earlier of the 60th day after the acknowledgment takes effect or the start of a court proceeding about the child (such as a child support case). After that, it can be challenged only for fraud, duress or material mistake of fact, and only before a court order affecting the child is issued. In a court parentage case, the court must order genetic testing if a party requests it. |
| Emancipation of a minor | A Texas resident who is 17, or at least 16 and living apart from parents or guardian, and who is self-supporting and managing their own finances, may petition in their own name in the county where they live to have the disabilities of minority removed for limited or general purposes. The court appoints an attorney for the minor and may grant the petition if removal is in the minor's best interest; the order must state its purposes. A minor whose disabilities are removed for general purposes has the capacity of an adult, including to contract, except for specific age requirements (such as voting or alcohol), and parents' educational decision rights transfer to the minor. |
Where to get help in Texas
Divorce & Family Law FAQ
How long do you have to live in Texas to file for divorce?
At the time the divorce is filed, either spouse must have lived in (been domiciled in) Texas for the preceding six months and in the county where the case is filed for the preceding 90 days. If one spouse has lived in Texas for at least six months, a spouse living in another state or country may file in the county where the Texas spouse lives. Time a Texas resident spends away in military or government service counts as Texas residence.
Is Texas a no-fault divorce state?
Texas allows a no-fault divorce when the marriage has become "insupportable" because of discord or conflict of personalities that ends the purpose of the marriage and prevents any reasonable expectation of reconciliation. Fault grounds also exist: cruelty, adultery, conviction of a felony with at least one year of imprisonment (and no pardon), abandonment for at least one year, living apart without cohabitation for at least three years, and confinement in a mental hospital for at least three years.
Is there a waiting period for divorce in Texas?
A court generally may not grant a divorce before the 60th day after the date the divorce was filed. The waiting period does not apply if the other spouse was convicted of, or received deferred adjudication for, family violence against the filing spouse or a household member, or if the filing spouse has an active protective order or emergency protective order based on family violence during the marriage. No waiting period applies to an annulment.
How much does it cost to file for divorce in Texas?
Fees are set locally. The Supreme Court of Texas-approved divorce form instructions say the filing fee may be between $150 and $300, depending on where you live, plus a separate fee if the clerk arranges service on your spouse. If you cannot pay court fees, you can file an Affidavit of Indigency asking the court to let you proceed without paying.
How do you get an uncontested divorce in Texas?
Texas has no separate summary divorce procedure, but the Supreme Court of Texas has approved a do-it-yourself form set for uncontested, no-fault divorces where the spouses have no minor children together and no real property. It is not for cases where the spouses disagree, the wife is pregnant, there is a disabled child, spousal maintenance is requested, either spouse owns or is buying real estate, or there is an ongoing bankruptcy. The other spouse can sign a waiver of service instead of being formally served.
Is Texas a community property state?
Texas is a community property state. Community property is property, other than separate property, acquired by either spouse during the marriage, and property held by either spouse during or at the end of the marriage is presumed to be community property. Separate property is property owned before marriage, property received during marriage by gift or inheritance, and personal-injury recoveries (except for lost earning capacity during the marriage); it must be proved by clear and convincing evidence. In a divorce, the court divides the estate in a way it considers "just and right," having due regard for the rights of each party and any children.
How is alimony decided in Texas?
Court-ordered spousal maintenance is limited. It is available only if the spouse asking for it will lack enough property, including separate property, to meet minimum reasonable needs, and either (1) the other spouse committed family violence within two years before filing or while the case was pending, or (2) the requesting spouse cannot earn enough because of an incapacitating disability, has been married 10 years or longer and lacks the ability to earn enough, or cares for a disabled child of the marriage. Payments may not exceed the lesser of $5,000 per month or 20% of the paying spouse's average monthly gross income. The maximum length is generally 5 years (marriages of 10–20 years, or under 10 years when based on family violence), 7 years (20–30 years) or 10 years (30 years or more), and should be the shortest reasonable period; disability-based maintenance can continue as long as the eligibility continues.
How is child custody decided in Texas?
Texas uses the terms "conservatorship" and "possession and access." The best interest of the child is always the primary consideration. There is a rebuttable presumption that appointing both parents as joint managing conservators is in the child's best interest; a history of family violence between the parents removes that presumption. In a nonjury trial or hearing, on a party's request, the judge must interview a child 12 or older in chambers (and may interview a younger child) about the child's wishes on conservatorship or primary residence.
How is child support calculated in Texas?
Texas uses a percentage-of-income model based on the paying parent's monthly net resources: 20% for one child, 25% for two, 30% for three, 35% for four, 40% for five, and not less than the five-child amount for six or more. A lower schedule applies when the paying parent's net resources are under $1,000 a month. The guidelines apply to net resources up to a cap published by the Attorney General; the Attorney General's calculator states the cap is $11,700 per month. The Attorney General's online calculator gives an estimate for a single source of income.
Do you have to take a parenting class to divorce in Texas?
There is no statewide requirement for all divorcing parents. In a case involving children, the court may order the parents to attend a parent education and family stabilization course (4 to 12 hours) if it is in the child's best interest, and parents may not be required to attend together. The court may also refer a divorce to mediation, on the parties' agreement or on its own motion.
Can you get a legal separation in Texas?
Texas law does not provide a legal separation proceeding. Chapter 6 of the Family Code covers only divorce, annulment and declaring a marriage void. While a divorce is pending, the court can issue temporary orders.
What are the grounds for annulment in Texas?
A court may annul a marriage when: a party aged 16 or 17 married without parental consent or a court order (a next friend must file within 90 days); a party was under the influence of alcohol or narcotics and could not consent; a party was permanently impotent and the other did not know; fraud, duress or force was used; a party lacked mental capacity; the other party concealed a divorce from someone else within 30 days before the wedding (must file within one year); or the ceremony took place within 72 hours after the license was issued in violation of the waiting rule (must file within 30 days). For most grounds, the filing spouse must not have voluntarily lived with the other after learning of the problem. Separately, marriages between close relatives and bigamous marriages are void.
Does Texas recognize common-law marriage?
Yes. Texas recognizes informal (common-law) marriage. It can be proved by a signed declaration of informal marriage registered with the county clerk, or by showing the couple agreed to be married, then lived together in Texas as spouses and represented to others that they were married. If a case to prove the marriage is not filed within two years after the couple separated, it is presumed there was no agreement to be married. A person under 18, or a person already married to someone else, cannot enter an informal marriage.
Do grandparents have visitation rights in Texas?
A biological or adoptive grandparent may file for possession of or access to a grandchild, with an affidavit stating facts showing that denial would significantly impair the child's physical health or emotional well-being. The court may grant it only if at least one parent still has parental rights, the grandparent proves by a preponderance of the evidence that denial would significantly impair the child's physical health or emotional well-being, and the grandparent's own child (the child's parent) has been in jail or prison during the three months before filing, has been found incompetent, has died, or does not have actual or court-ordered possession of or access to the child.
How do you change your name back after a divorce in Texas?
In a divorce or annulment decree, the court must change a party's name to a name the party previously used if the party specifically asks, unless the court states a reason for denying it; the court may not deny it only to keep family members' last names the same. A name change certificate can be obtained from the court clerk. Otherwise, an adult can file a separate petition to change name in the county where the adult lives; the petition must be verified and include fingerprints and information about any felony conviction and sex-offender registration.
At what age does child support end in Texas?
A court may order child support until the child turns 18 or graduates from high school, whichever is later. Support may continue past 18 while the child is enrolled in a program leading to a high school diploma (or certain joint high school and junior college courses) and meets attendance requirements, through the end of the month the child graduates. Unless otherwise agreed or ordered, support ends earlier if the child marries, has disabilities of minority removed, dies, or begins active military service. For a child whose mental or physical disability existed (or whose cause was known) by age 18 and who needs substantial care and personal supervision and cannot support themselves, the court may order support for an indefinite period.
How do I file for child support in Texas?
The Office of the Attorney General (OAG) Child Support Division says applying online through its Child Support Online account is the fastest way to open a case. You provide information about yourself, the other parent and the children (such as Social Security and driver's license numbers, employment history and contact information). If you cannot apply online, you can call (800) 252-8014 to have a paper application mailed to you; mailed applications take longer. The OAG also offers a way to apply safely for people concerned about family violence.
What happens if you don't pay child support in Texas?
The OAG can enforce child support orders with remedies up to and including contempt, probation and possibly incarceration. It can ask more than 60 licensing agencies to suspend driver's, professional, hunting and fishing licenses when a parent owes at least three months of support and does not follow a repayment schedule; deny a new or renewed passport; deny motor vehicle registration renewal; and file liens on property, bank accounts, retirement plans, life insurance, personal injury claims, settlements and other assets. By statute, unpaid support can also be collected through contempt, liens, levies on financial accounts, money judgments and income withholding, and overdue support accrues 6% simple interest per year.
How do you modify child support in Texas?
A court may change child support if the circumstances of the child or a person affected by the order have materially and substantially changed since the order (or the mediated or collaborative agreement it was based on), or if it has been three years since the order was set or last changed and the monthly amount differs by 20% or $100 from what the guidelines would give. Examples the OAG lists include a change in the paying parent's income, new children the paying parent is legally responsible for, changed medical coverage, or the child moving to the other parent. Parents with an open OAG case can submit a Request for Review online or by mail; the order can only be changed through the OAG's Child Support Review Process or a court hearing, and informal agreements between parents do not change the court-ordered amount.
How do you get emergency custody in Texas?
While a custody (conservatorship) case is pending, the court may make temporary orders for the safety and welfare of the child, including temporary conservatorship and temporary support. Temporary conservatorship and support orders generally require notice and a hearing; the statute allows a conservatorship order without notice and an adversary hearing only for an emergency order sought by a governmental entity under the child-protection chapter (Chapter 262). Temporary restraining orders, such as orders keeping a party from disturbing the peace of the child or removing the child from an area, can be issued without a verified pleading, but an order attaching the child, taking the child into the court's possession, or excluding a parent from possession of or access to the child requires a verified pleading or affidavit. Temporary orders cannot be appealed before the final order, and violating them can be punished as contempt.
Are divorce records public in Texas, and how do I get a copy?
Certified copies of divorce decrees are available only from the district clerk in the county where the divorce was granted. Texas DSHS Vital Statistics does not issue decrees; it issues letters verifying whether a divorce was recorded with the state, for divorces from 1968 onward, at $20 per verification. A verification letter is not a legal substitute for a divorce decree.
How do you get a marriage license in Texas?
Apply to a county clerk on the state form. The clerk must see proof of identity and age for each applicant, such as a current (or expired less than two years) driver's license or ID card, a U.S. or foreign passport, a certified birth certificate, a military ID, or certain federal immigration documents. An adult who cannot appear may have someone apply for them with a notarized affidavit. The ceremony may not take place during the 72 hours after the license is issued, unless an applicant is active-duty military or a Defense Department employee or contractor, gets a judge's written waiver, or completed a qualifying premarital education course within the past year. The license expires if the ceremony is not held before the 90th day after issuance. The county clerk's fee is $60; it is waived for Texas residents who complete an eight-hour premarital education course, and a $100 additional fee may be charged if neither applicant is a Texas resident.
What is the legal age to get married in Texas?
A person under 18 may not marry unless a Texas court (or another state's court) has removed the person's disabilities of minority for general purposes; the clerk cannot issue a license to an underage applicant without that order. Parental consent alone is not enough.
What are the requirements to adopt a child in Texas?
An adult with standing may petition to adopt, and both spouses must join if the petitioner is married. A child may be adopted only if each living parent's rights have been terminated (or termination is joined with the adoption), or in a stepparent adoption, or in limited cases involving a long-term caregiver or former stepparent. Termination requires clear and convincing evidence of a statutory ground (for example, leaving the child without adequate support for at least six months, or endangering the child) and that termination is in the child's best interest. A managing conservator who is not the petitioner must consent in writing (the court may excuse an unjustified refusal), and a child 12 or older must consent unless the court waives it. An adoption evaluation of the home and social environment is required, and the child must generally live with the petitioner for at least six months before the adoption is granted, though the court may waive this in the child's best interest.
How does stepparent adoption work in Texas?
A stepparent may adopt when the parent whose rights have not been terminated is the petitioner's spouse; that parent joins the petition, and no further consent from that parent is needed. The other parent's rights must be terminated (voluntarily or on a statutory ground). In an uncontested stepparent adoption, the court may waive the adoption evaluation after reviewing the Department of Family and Protective Services' investigative records and the stepparent's criminal history.
How do you get guardianship of a child in Texas?
Under the Estates Code, a minor is an 'incapacitated person' for whom a guardian may be appointed, and any person may file a sworn application in a court with jurisdiction and venue. Parents are the natural guardians of their children. A surviving parent may name a guardian of the person by will or written declaration, and the court must appoint that person unless that person is disqualified, has died, refuses to serve, or would not serve the children's best interests; otherwise, for an orphaned minor, the nearest ascendant (such as a grandparent), then the nearest relative, has priority. The court must find by clear and convincing evidence that a guardianship is in the minor's best interest, and that it is not being created mainly to enroll the minor in a school district.
How do you get guardianship of an adult in Texas?
Any person may file a sworn application. Before appointing a guardian, the court must find by clear and convincing evidence that the adult is incapacitated (substantially unable to provide food, clothing or shelter, care for their health, or manage their finances because of a physical or mental condition), that guardianship is in their best interest, and that alternatives to guardianship and available supports and services that would avoid guardianship were considered and are not feasible. Listed alternatives include medical and durable powers of attorney, mental health declarations, representative payees, joint accounts, management and special needs trusts, and person-centered decision-making. For a partial guardianship, the order must say whether the person can make decisions about residence, voting, driving and marriage.
How do you establish paternity in Texas?
The mother and a man claiming to be the biological father may sign an acknowledgment of paternity under penalty of perjury; it is filed with the vital statistics unit. A signer may rescind by filing a completed rescission form with the vital statistics unit before the earlier of the 60th day after the acknowledgment takes effect or the start of a court proceeding about the child (such as a child support case). After that, it can be challenged only for fraud, duress or material mistake of fact, and only before a court order affecting the child is issued. In a court parentage case, the court must order genetic testing if a party requests it.
How do you legally change your name in Texas?
File a verified petition in the county where you live, stating your current name and residence, the new name, the reason, whether you have a final felony conviction or must register as a sex offender, and including a set of fingerprints. The court must grant the change if it is in your interest and the public's interest (presumed for participants in the attorney general's address confidentiality program). A person with a felony conviction generally must have been discharged or completed supervision at least two years earlier, or been pardoned. The statute does not require newspaper publication.
How does a minor get emancipated in Texas?
A Texas resident who is 17, or at least 16 and living apart from parents or guardian, and who is self-supporting and managing their own finances, may petition in their own name in the county where they live to have the disabilities of minority removed for limited or general purposes. The court appoints an attorney for the minor and may grant the petition if removal is in the minor's best interest; the order must state its purposes. A minor whose disabilities are removed for general purposes has the capacity of an adult, including to contract, except for specific age requirements (such as voting or alcohol), and parents' educational decision rights transfer to the minor.
Where can I get divorce papers and forms in Texas?
The Supreme Court of Texas has approved uniform divorce forms ("Divorce Set 1") for uncontested divorces with no minor children and no real property; using them is optional, and a court cannot refuse them just because you don't have a lawyer. The set contains instructions and seven forms: an Affidavit of Indigency, Original Petition for Divorce, Waiver of Service, Final Decree of Divorce, Certificate of Last Known Address, Notice of Change of Address and Affidavit of Military Status. The Texas Judicial Branch's self-help page also points to eFile Texas Self Help, a free site that helps you fill out common court forms and file them electronically, and to TexasLawHelp.org for information on simple civil matters.
Who handles child support in Texas, and how do I contact them?
Child support in Texas is handled by the Child Support Division of the Office of the Attorney General. It helps open child support cases, establish paternity (including the Acknowledgement of Paternity), set and modify orders, collect and distribute payments, and enforce orders through wage withholding and other tools. Parents can apply online, pay or receive support, and manage their case through an online account; the Division also runs an Access and Visitation Hotline and offers a child support calculator.
Is there an official child support calculator in Texas?
The Texas Office of the Attorney General (Child Support Division) offers an online Monthly Child Support Calculator. It provides an estimate for a single source of income, and the actual amount set or approved by the court may differ. The guidelines apply to monthly net resources up to $11,700, and the calculator does not calculate support above that amount (Texas Family Code Sec. 154.125(a)).
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General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.