Family law is a multifaceted and intricate field that covers a broad spectrum of legal issues. This guide is designed to provide a fundamental understanding of family law in Texas, covering divorce, child custody, adoption, and more.
If you are looking for an elite family law attorney in Tomball, The Woodlands, or the surrounding areas, Bolton Law Firm, P.C. is the right firm for you. With a skilled team of attorneys, led by Board-Certified lawyer, Ruby Bolton, we are known for our successes in and out of the courtroom.
Texas Family Law: An Overview
Family law is a legal practice area that addresses family-related matters and domestic relations. It encompasses issues related to marriage, divorce, child custody, child support, adoption, and more.
The Texas Family Code: A Closer Look
Family law in Texas is regulated by the Texas Family Code, a set of statutory rules. The Texas Family Code is divided into five primary sections.
Marriage Laws in Texas
Under Texas law, individuals must be at least 18 years old to marry without consent. Those aged 16-17 can marry with consent. There is a mandatory 72-hour waiting period after obtaining a marriage license, with certain exceptions (Texas Family Code §2.101).
Child Custody Laws in Texas
In Texas, the term “managing conservatorship” is used instead of custody. The court can designate parents as joint managing conservators, sharing decision-making authority, even if the child resides with only one parent (Texas Family Code §153.131).
Divorce Laws in Texas
Texas operates under community property laws, meaning all property acquired during a marriage is equally owned by both spouses, with certain exceptions (Texas Family Code §3.002). Texas is also a no-fault divorce state, meaning no specific reason needs to be provided for the dissolution of the marriage, only that it is irretrievably broken (Texas Family Code §6.001).
Adoption Laws in Texas
In Texas, an adult can petition the court to adopt a child who is eligible for adoption. Adoption legally establishes a parent-child relationship between individuals who are not biologically parent and child (Texas Family Code §162.001).
Spousal Support Laws in Texas
Texas recognizes two main types of long-term spousal support. Spousal support, or contractual alimony, is a voluntary agreement made by the spouses during settlement negotiations. Spousal maintenance, however, is court-ordered (Texas Family Code §8.001).
Child Support Laws in Texas
Child support in Texas is based on net income from all sources. Employers are legally required to withhold child support from wages, along with any ordered medical and dental support and back child support (Texas Family Code §154.062).
Property Division Laws in Texas
Texas law mandates that community property be divided in a manner that is “just and right.” This means that property must be divided equitably based on factors that a court may consider, such as each spouse’s earning power, who has custody of any children, each spouse’s health, education, and other related issues (Texas Family Code §7.001).
Paternity Laws in Texas
Paternity, or legal fatherhood, is important for unmarried parents. In Texas, a biological father does not have legal rights to his child until paternity is established (Texas Family Code §160.201).
Domestic Violence Laws in Texas
Texas does not have specific laws for family violence or dating violence. Instead, Texas domestic violence laws are classified under assault statutes, similar to aggravated assault or simple assault (Texas Penal Code §22.01).
Call Our Elite Tomball Family Law Attorneys
While this guide offers a general overview of family law in Texas, it’s important to note that exceptions may exist and laws can change over time. Therefore, it’s always recommended to seek legal advice from an attorney to advise you in your specific situation.
Navigating the complexities of family law can be challenging. However, with the right resources and legal advice, you can confidently navigate the process. Remember, every family’s situation is unique, and the laws are there to protect the rights and interests of all parties involved.
If you are looking for an elite family law attorney in Tomball, The Woodlands, or the surrounding areas, Bolton Law Firm, P.C. is the right firm for you. With a skilled team of attorneys, led by Board-Certified lawyer, Ruby Bolton, we are known for our successes in and out of the courtroom.
Contact us today at 281-351-7897 to get the best representation in your family law case.
