Family Law Attorney Texas: How To Find One & What To Do (2026)

August 13, 2026Family Law • Texas

⚖️ Facing divorce, custody disputes, or family law issues in Texas? This guide covers your rights, the Texas family law process, guideline child support, community property division, spousal maintenance, and how to find a qualified Texas family law attorney.

What To Do First: Family Law in Texas

Family law matters—divorce, custody (conservatorship), child support, spousal maintenance, and property division—are emotional and complex. Texas law provides specific rules and timelines you must follow. Acting quickly and strategically protects your rights and your children's interests. Whether you're facing a contested divorce in Texas or need guidance on conservatorship arrangements, understanding the process is critical.

📋 First Steps:

Gather financial documents: Tax returns (last 3-5 years), recent pay stubs, bank statements, property deeds, retirement account statements, investment records—anything that shows income and assets. Texas courts require both spouses to exchange financial information during the case.
Document parenting involvement: Keep records of time spent with children, school involvement, medical appointments attended, extracurricular activities—evidence of your parental relationship for conservatorship and possession decisions.
Consult a Texas family law attorney: Family law rules are state-specific and mistakes can be costly. An attorney can advise you on your options, timelines, and Texas court procedures specific to your county.
Confirm residency: To file in Texas, one spouse must have lived in the state for at least 6 months and in the filing county for at least 90 days (Family Code § 6.301). A family law attorney can advise if you don't yet meet residency.
Know about temporary orders: While your case is pending, the court can issue temporary orders for conservatorship, child support, spousal support, exclusive use of the home, and temporary restraining orders. Emergency orders are available for urgent safety or family-violence situations.

The Texas Divorce & Family Law Process: Step by Step

Understanding how Texas family law cases move forward helps you know what to expect and where an attorney adds the most value. For more information on how Texas family law works, consult with a specialist.

Filing the Original Petition

One spouse (the "petitioner") files an Original Petition for Divorce in the district court of the county where residency is met. Texas allows no-fault divorce on the ground of "insupportability," and also recognizes fault grounds. The petitioner then serves the other spouse (the "respondent"), who files an Answer.

Temporary Orders & Restraining Orders

Either party can request a hearing for temporary orders covering conservatorship, child support, spousal support, and use of the home. Courts often issue standing or temporary restraining orders that prevent either spouse from selling assets, hiding property, or disrupting the children's routine while the case is pending.

Financial Disclosure & Inventory

Both spouses typically exchange a sworn Inventory and Appraisement listing all community and separate property, debts, income, and expenses. Full, honest disclosure is required — hiding assets can lead to a court awarding a disproportionate share of the community estate to the other spouse.

Discovery & Valuation

Both parties exchange documents and may take depositions, subpoena records, and retain experts to value businesses, pensions, and real estate. Characterizing property as community or separate is a central issue in Texas divorces because separate property is not divided.

Mediation & Negotiation

Many Texas courts require mediation before a contested trial. Your attorney negotiates a settlement covering conservatorship, possession, support, and a just-and-right division of the community estate. Most Texas cases resolve by a Mediated Settlement Agreement rather than trial.

Final Decree (after the 60-day wait) or Trial

If the parties agree, the court enters a Final Decree of Divorce once the 60-day waiting period has passed (Family Code § 6.702). If issues remain contested, the case proceeds to trial, where a judge (or, in Texas, sometimes a jury on certain issues) decides conservatorship, support, and division of the community estate.

Texas Family Law: Key Rules & Guidelines

Topic	Texas Rule
Residency Requirement	To file for divorce, one spouse must have lived in Texas for at least 6 months and in the filing county for at least 90 days (Family Code § 6.301).
Grounds for Divorce	Texas allows no-fault divorce on the ground of "insupportability" (Family Code § 6.001) and also recognizes fault grounds such as cruelty, adultery, abandonment, and felony conviction (Family Code §§ 6.002–6.007).
Mandatory Waiting Period	A court cannot grant a divorce until at least 60 days after the petition is filed (Family Code § 6.702). This is a minimum; contested cases take longer. Narrow family-violence exceptions apply.
Child Support Formula	Guideline percentages of the obligor's net monthly resources: 20% (1 child), 25% (2), 30% (3), 35% (4), 40% (5+), with adjustments for children in multiple households (Family Code §§ 154.125–154.129). Applied up to a periodically adjusted statutory cap.
Child Support Duration	Generally continues until the child turns 18 or graduates from high school, whichever is later; support may continue indefinitely for a child who is disabled (Family Code §§ 154.001–154.002, 154.302).
Spousal Maintenance	No traditional alimony. Court-ordered "spousal maintenance" is limited to qualifying situations (e.g., 10+ year marriages, family violence, disability), capped at the lesser of $5,000/month or 20% of the payer's average monthly gross income, and limited in duration (Family Code Ch. 8).
Property Division	Texas is a community property state (Family Code § 3.002). Community property is divided in a "just and right" manner (Family Code § 7.001) — which can be unequal. Separate property (owned before marriage or received by gift/inheritance) is not divided (Family Code § 3.001).
Conservatorship (Custody)	Decided by the "best interest of the child" (Family Code § 153.002), with a rebuttable presumption favoring both parents as joint managing conservators (Family Code § 153.131). Possession and access often follow the Standard Possession Order (Family Code § 153.252).

Source: Texas Family Code; rules can change. Consult a Texas family law attorney for your specific situation.

How To Choose a Texas Family Law Attorney

Not all family law attorneys are equal. When evaluating Texas family law lawyers, look for:

Texas bar admission and family law focus. Verify license status through the State Bar of Texas. Look for a lawyer who is Board Certified in Family Law by the Texas Board of Legal Specialization — a rigorous credential held by a small percentage of Texas attorneys.
Local court experience. Ask about experience in the specific Texas county where your case will be filed (Harris, Dallas, Bexar, Travis, Tarrant, El Paso, etc.). Local judges, associate judges, and court procedures vary significantly.
Divorce and conservatorship expertise. Ask how many divorces, custody disputes, and support cases they have handled in the past 5 years — especially cases with complex community property, business valuations, or high-conflict conservatorship.
Mediation and negotiation skills. Most Texas family law cases settle through mediation. Ask about their track record of reaching fair Mediated Settlement Agreements without unnecessary litigation.
Trial experience (if contested). If your case may go to trial — including a possible jury trial on certain conservatorship issues — ask: "How many family law trials have you conducted in the past 3 years?" Trial experience strengthens your negotiating position.
Child-centered perspective. Choose an attorney who prioritizes the best interest of your children, not just fighting to "win" or running up bills.
Communication and responsiveness. Family law cases involve stress and frequent questions. Choose an attorney who communicates clearly, returns calls promptly, and explains complex rules in plain language.
Transparent fee structure. Understand whether you pay hourly or a flat fee (family law is rarely contingency). Get fee terms in writing before signing. Ask about retainer requirements and billing practices.

⚠️ Red Flags to Avoid

Attorneys who guarantee a specific conservatorship outcome or settlement amount
Pressure to quickly sign a retainer agreement before discussing your case in detail
No written fee agreement or hourly rate disclosure
Attorneys who discourage mediation, cooperative divorce, or collaborative approaches
Lack of transparency about their experience with cases similar to yours
Attorneys who specialize in "aggressive" litigation without discussing cost-effective alternatives

Texas Cities & Counties: Find a Family Law Attorney Near You

Law.AI has family law attorneys in every major Texas city and county. Find one near you:

Houston Family Lawyers San Antonio Family Lawyers Dallas Family Lawyers Austin Family Lawyers Fort Worth Family Lawyers El Paso Family Lawyers

Texas Family Law FAQ

How long does it take to get divorced in Texas?

Texas imposes a mandatory 60-day waiting period. Under Texas Family Code § 6.702, a court cannot grant a divorce until at least 60 days have passed from the date the divorce petition was filed. This is the minimum — contested cases involving property, custody, or support disputes commonly take many months or longer. The 60-day clock is a cooling-off period; narrow exceptions apply in cases involving family violence. A Texas family law attorney can help you move your case forward efficiently within these timelines.

How is child support calculated in Texas?

Texas uses statutory "guideline" percentages applied to the paying parent's net monthly resources (Texas Family Code §§ 154.125–154.129). The guidelines are generally 20% of net resources for one child, 25% for two, 30% for three, 35% for four, and 40% for five or more, with adjustments when the obligor supports children in more than one household. Guideline support is calculated on net resources up to a statutory cap that is periodically adjusted for inflation. Courts may order additional amounts for medical and dental support. A Texas family law attorney can help ensure net resources and the number of children are correctly applied.

How does Texas divide property in a divorce?

Texas is a "community property" state. All property acquired by either spouse during the marriage is presumed to be community property owned by both spouses (Texas Family Code § 3.002). Separate property — assets owned before marriage, or received during marriage by gift, devise, or inheritance (Family Code § 3.001) — is not divided. Unlike some community-property states that split 50/50, Texas courts divide the community estate in a manner that is "just and right" (Family Code § 7.001), which can be unequal based on factors like fault, earning capacity, and each spouse's needs. A Texas family law attorney can help characterize assets and argue for a just-and-right division.

Does Texas award alimony or spousal support?

Texas does not have traditional long-term "alimony." Instead, courts may order limited "spousal maintenance" under Texas Family Code Chapter 8, and only when the requesting spouse qualifies — for example, after a marriage of 10 years or longer where the spouse lacks the ability to earn sufficient income to meet minimum reasonable needs, or in cases involving family violence or a disability. Even when awarded, maintenance is capped by statute (the lesser of $5,000/month or 20% of the payer's average monthly gross income) and is limited in duration based on the length of the marriage. Spouses may also agree to "contractual alimony" in a settlement. A Texas family law attorney can assess whether you qualify for maintenance.

How is custody determined in Texas?

Texas uses the term "conservatorship" instead of "custody." Courts decide conservatorship based on "the best interest of the child" (Texas Family Code § 153.002). Texas law includes a rebuttable presumption that appointing both parents as "joint managing conservators" is in the child's best interest (Family Code § 153.131). Conservatorship covers decision-making rights and duties, while "possession and access" governs the physical schedule — often based on the Standard Possession Order (Family Code § 153.252). A history of family violence can rebut the joint-conservatorship presumption. A family law attorney can help you advocate for a conservatorship and possession arrangement that serves your child's best interest.

Do I need to prove fault to get divorced in Texas?

No. Texas allows no-fault divorce on the ground of "insupportability" — that the marriage has become insupportable because of discord or conflict with no reasonable expectation of reconciliation (Texas Family Code § 6.001). However, Texas also recognizes fault-based grounds such as cruelty, adultery, felony conviction, abandonment, and living apart (Family Code §§ 6.002–6.007). Fault can matter: a court may consider fault when dividing the community estate in a "just and right" manner. To file, either spouse must have lived in Texas for at least 6 months and in the filing county for at least 90 days (Family Code § 6.301).