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Walking into a consultation without understanding the basics can leave you overwhelmed and unsure of what to ask. That’s why it’s so important to learn about family law before interviewing attorneys. Knowing the core issues—like custody, support, and property division—helps you ask focused questions, spot red flags, and make the most of your time with a lawyer. This blog breaks down the essentials so you can approach your first meeting informed, confident, and ready to take control of your legal journey.
What Does Texas Family Law Cover?
Texas family law includes a range of legal issues that impact families. Some of the most common topics include:
- Divorce
- Child custody and visitation
- Child support
- Spousal maintenance
- Property division
- Adoption
- Paternity
Each case is different, but most involve either the end of a relationship or the rights and responsibilities between parents and children.
Divorce in Texas: Key Facts to Know
Texas allows both no-fault and fault-based divorce. Most people file a no-fault divorce by citing “insupportability,” which means the marriage can’t be repaired. Fault-based divorces can involve reasons like adultery, cruelty, or abandonment.
Texas Residency Requirement
Before you can file, either you or your spouse must have lived in Texas for at least six months. You also need to file in the county where one of you has lived for at least 90 days.
Waiting Period
Texas has a mandatory 60-day waiting period between filing for divorce and the court granting it. Some exceptions exist in cases involving family violence.
The Basics of Texas Family Law Before Interviewing Attorneys: Division of Property and Debts
Texas is a community property state. This means that almost everything acquired during the marriage belongs to both spouses, even if only one name appears on the title or account. That includes:
- Wages
- Homes
- Vehicles
- Retirement accounts
Courts divide community property in a way that they consider “just and right,” which doesn’t always mean a perfect 50/50 split. Factors like fault in the breakup, earning potential, and child custody arrangements can influence how things get divided.
Separate property, which includes items owned before the marriage, inheritances, and personal gifts, usually stays with the original owner as long as it can be clearly proven.
Child Custody and Conservatorship
Texas uses the term “conservatorship” instead of custody. There are two types:
- Joint managing conservatorship (JMC): Both parents share rights and duties
- Sole managing conservatorship (SMC): One parent has the exclusive right to make decisions about the child’s life
In most cases, the court encourages shared rights unless doing so would harm the child’s well-being. The court prioritizes the child’s best interests and considers factors like each parent’s involvement, history of violence, or drug use.
Possession and Access
This refers to the schedule of when each parent spends time with the child. The most common arrangement is the Standard Possession Order (SPO), which outlines weekdays, weekends, holidays, and summer vacations. Parents can create their own schedule as long as it serves the child well.
Child Support in Texas
One parent usually pays child support to the other, especially when the child spends more time with one parent. The amount depends on the paying parent’s income and the number of children. The basic formula is:
- 20% of net income for one child
- 25% for two
- 30% for three
- 35% for four
- 40% for five or more
The court can adjust these amounts for special needs or extraordinary expenses.
Spousal Maintenance (Alimony)
Texas courts rarely award long-term spousal maintenance. To qualify, the requesting spouse must show that they cannot meet basic needs and meet at least one of these conditions:
- Marriage lasted ten years or longer
- The requesting spouse cares for a disabled child
- The spouse has a disability
- The paying spouse was convicted of domestic violence
Even when awarded, the payment amount and duration are usually limited.
Paternity and Parental Rights
When a child is born to married parents, Texas automatically recognizes the husband as the legal father. If the parents are not married, paternity needs to be established legally before a father can request custody or be ordered to pay child support.
How to Establish Paternity
Paternity can be established through:
- An Acknowledgment of Paternity (AOP) signed by both parents
- DNA testing ordered by the court
Once paternity is established, both parents have legal rights and duties to the child.
Adoption in Texas
Adoption permanently transfers parental rights to someone else. The process is detailed and includes background checks, home studies, and court hearings. There are different types of adoption, including:
- Step-parent adoption
- Relative adoption
- Foster care adoption
- Private adoption
In some cases, the biological parent’s rights must be terminated before the adoption can proceed.
The Basics of Texas Family Law Before Interviewing Attorneys: Protective Orders and Family Violence
Victims of domestic abuse can ask the court for a protective order. This court order can require the abuser to stay away, move out of the home, stop all contact, and give up firearms. Violating a protective order can lead to criminal charges.
Temporary and Final Protective Orders
Temporary orders are often issued quickly and last until a full court hearing. Final orders can last up to two years, or longer in serious cases.
Legal Terms You Might Hear During an Attorney Interview
Understanding legal terms can make your meeting with a lawyer more productive. Here are a few to remember:
- Petitioner: The person who files the lawsuit
- Respondent: The person being sued
- Decree: A final court order
- Temporary orders: Short-term rulings issued before the case is final
- Modification: A change to a previous court order
- Contempt: A penalty for violating a court order
Questions to Ask When You Meet with an Attorney
Bring a list of questions to your first consultation. Consider asking:
- What part of family law do you focus on the most?
- How many cases like mine have you handled?
- What are your fees and billing structure?
- How will we communicate?
- What outcome do you think is realistic for my case?
Writing down facts about your situation before the meeting can help your attorney give more accurate advice.
The Basics of Texas Family Law Before Interviewing Attorneys: Why Knowing the Basics Helps
Having some background knowledge puts you in a better position to work with your lawyer. You’ll waste less time asking for definitions and focus instead on strategy and decision-making. It also helps you set expectations about what the court can and cannot do.
Legal cases move faster and more smoothly when both the client and attorney speak the same language. You’ll also feel more in control, which matters when facing emotional situations like divorce or custody disputes.
Final Thoughts
Texas family law governs critical aspects of daily life for spouses, parents, and children—covering everything from custody and support to property division. Taking time to learn about family law before interviewing attorneys gives you a valuable head start. Understanding key terms, legal procedures, and what issues apply to your situation helps you communicate clearly, ask the right questions, and make informed decisions. With this foundation, you’ll be better prepared to protect your rights and move forward with confidence.
Call Our Office
If you have questions about your case, or you’re looking for a family law attorney in Texas, reach out to our team today. We’ll help you understand your options and provide guidance that fits your situation. Call us or use our contact form to book your consultation.
Frequently Asked Questions About Family Law in Texas
Staying strong in a custody battle involves maintaining a focus on the child’s best interests, seeking legal advice, taking care of your mental and physical health, and avoiding negative interactions with the other parent.
Handling an unreasonable co-parent may require setting clear boundaries, maintaining consistent communication, documenting interactions, and seeking legal or professional advice if necessary.
A manipulative co-parent is someone who tries to control or undermine the parenting efforts of the other parent, often using the child as a tool for manipulation or creating conflict to gain an advantage.
Co-parenting with a narcissist can be challenging and may require setting firm boundaries, maintaining clear communication, and possibly seeking help from a therapist or legal professional.
This situation depends on the custody agreement and the parents’ decision. Generally, parents have the right to set rules for their children, including the use of personal items like phones, regardless of who pays for them.
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- Top Reasons Why Hire a Family Law Attorney in Texas
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