Frequently Asked Questions
Texas Family Law • Divorce • Custody & Conservatorship & Child Support • Estate Planning • Probate
Every case is different. These answers provide general guidance under Texas law. For advice specific to your situation, call (936) 978-2045 or Contact us here.
How long does a divorce take in Texas?
Texas has a mandatory 60-day waiting period from the date the divorce petition is filed. Uncontested divorces where both parties agree on all terms can sometimes finalize shortly after that window. Contested divorces — involving disputes over property, custody, or support — typically take 6 to 18 months, depending on the complexity of the issues and court scheduling in your county.
Does Texas require separation before filing for divorce?
No. Texas does not require a period of legal separation before filing for divorce. You can file for divorce while still living with your spouse. However, the 60-day waiting period still applies from the date of filing.
Is Texas a community property state?
Yes. Texas is a community property state, meaning most property and debt acquired during the marriage is presumed to be owned equally by both spouses. However, courts divide community property in a manner that is "just and right" — which does not always mean 50/50. Separate property (owned before marriage, or received as a gift or inheritance) generally remains with the original owner.
Can adultery affect my divorce in Texas?
Yes. Texas allows fault-based divorce grounds, including adultery. A court can consider marital misconduct when dividing community property and when determining spousal maintenance. While adultery alone rarely changes the outcome dramatically, it can be a meaningful factor — particularly in longer marriages or cases involving significant assets.
What is the difference between a contested and uncontested divorce?
An uncontested divorce means both spouses agree on all terms — property division, custody, support — and can present a signed agreement to the court. A contested divorce means the parties disagree on one or more issues, requiring negotiation, mediation, or a trial before a judge. Contested divorces take longer and cost more, but are sometimes necessary to protect your interests.
Custody & Conservatorship & Child Support
What is the difference between conservatorship and custody in Texas?
Texas uses the term "conservatorship" instead of "custody." Conservatorship refers to the legal rights and duties a parent has regarding their child. Joint managing conservatorship (JMC) is the most common arrangement — both parents share decision-making rights. Sole managing conservatorship (SMC) gives one parent primary decision-making authority and is typically ordered when there is a history of family violence or other significant concerns.
How does Texas calculate child support?
Texas uses percentage-of-income guidelines based on the paying parent's monthly net resources. The standard percentages are: 20% for one child, 25% for two children, 30% for three, 35% for four, and 40% for five or more. These are guidelines — courts can deviate based on factors such as the child's special needs, the amount of time each parent spends with the child, and the child's health insurance costs.
At what age can a child decide which parent to live with in Texas?
Texas law allows a child aged 12 or older to express a preference about their primary residence to the court. The judge must consider that preference, but is not required to follow it. The child's best interest remains the controlling legal standard, and a judge may decline to honor a preference if other factors outweigh it.
Can I modify a child custody or support order?
Yes, but you must show a material and substantial change in circumstances since the original order was entered. Common qualifying changes include a significant change in either parent's income, a relocation, a change in the child's needs, or a change in the child's school situation. For child support specifically, Texas also allows a modification review every three years if the calculated amount would differ by 20% or $100 from the current order.
Texas does not use the term "alimony." The legal term is spousal maintenance, and it is intentionally limited by design. Support is temporary, subject to strict statutory caps, and difficult to qualify for. Courts are required to award the shortest duration necessary for the supported spouse to become self-sufficient.
How much spousal maintenance can a Texas court order?
The statutory cap is the lesser of $5,000 per month or 20% of the paying spouse's average monthly gross income. The calculation uses gross income — before taxes — including wages, bonuses, self-employment income, and rental income. The actual award is based on the recipient's minimum reasonable needs, not the maximum allowed.
How long does spousal maintenance last in Texas?
Duration depends on the length of the marriage. Marriages of 10–20 years may qualify for up to 5 years of support. Marriages of 20–30 years allow up to 7 years, and marriages over 30 years allow up to 10 years. If the qualifying ground is disability of the recipient spouse or a disabled child, support can be indefinite. These are maximums — courts routinely order less.
What is contractual alimony and how is it different from court-ordered maintenance?
Contractual alimony is spousal support agreed to by both parties as part of a negotiated divorce settlement. Unlike court-ordered maintenance, it is not subject to the statutory caps — amounts, duration, and terms can be negotiated freely. The trade-off is that contractual alimony is enforced as a breach-of-contract claim rather than through contempt of court, making it harder to enforce if the paying spouse stops paying.
Can adultery affect spousal maintenance in Texas?
Yes. Texas courts can consider marital misconduct, including adultery, when determining both the amount and duration of spousal maintenance. It is one of several fact-specific factors that make every case different — and one reason online calculators cannot replace an experienced family law attorney's analysis.
Do I qualify for spousal maintenance if my marriage lasted less than 10 years?
Possibly, but only under specific circumstances. The 10-year marriage rule is one of four qualifying grounds, but shorter marriages can still qualify if the paying spouse was convicted of family violence, or if the requesting spouse has a qualifying disability or is caring for a disabled child of the marriage.
How is the paying spouse's income calculated for spousal maintenance?
Texas uses gross monthly income — before taxes — not take-home pay. This includes wages, salary, bonuses, self-employment income, rental income, dividends, and retirement benefits. Means-tested public assistance is excluded from the calculation.
What is a protective order in Texas?
A protective order is a court order that prohibits one person from contacting, harassing, or coming near another person. In Texas family law, protective orders are commonly sought in cases involving domestic violence, stalking, or threats. A final protective order can last up to two years and can include provisions about child custody, possession of the home, and firearm restrictions.
What is the difference between a protective order and a restraining order?
In Texas, these are different legal tools. A protective order is a standalone court order — typically in family violence situations — that carries criminal penalties for violation. A restraining order is typically a temporary order issued as part of a civil case, such as a divorce, and is enforced through contempt of court rather than criminal prosecution. Violating a protective order can result in arrest; violating a restraining order typically does not.
Can I get an emergency protective order?
Yes. Texas courts can issue a Temporary Ex Parte Protective Order without notifying the other party if there is an immediate danger of family violence. These emergency orders are temporary — typically lasting up to 20 days — and a full hearing will be scheduled before a final order can be entered. Law enforcement can also request an Emergency Protective Order (EPO) at the time of a family violence arrest.
Do I need a will if I have a small estate?
Yes. Without a will, Texas intestacy laws determine who inherits your property — and the result may not match your wishes. A will also lets you name an executor to manage your estate, designate guardians for minor children, and specify how debts and taxes should be handled. The size of your estate does not change the importance of having a plan in place.
What is a power of attorney and do I need one?
A power of attorney (POA) is a legal document that authorizes someone you trust to make decisions on your behalf. A financial POA covers property and financial matters. A medical POA (also called a healthcare proxy) covers medical decisions if you become incapacitated. Both are essential components of a complete estate plan — without them, a family member may need to go to court to obtain guardianship authority in an emergency.
What is Medicaid planning and why does it matter?
Medicaid planning involves structuring your assets in advance to protect them from being depleted by long-term care costs while still qualifying for Medicaid benefits. Texas Medicaid has strict asset and income limits, and the state can seek reimbursement from your estate after death (known as estate recovery). Planning ahead — ideally years before care is needed — can protect your home and savings for your family while ensuring access to necessary care.
What is the difference between a will and a living trust?
A will takes effect at death and must go through probate — the court-supervised process of administering an estate. A living trust takes effect immediately upon creation, holds your assets during your lifetime, and transfers them to beneficiaries at death without going through probate. Trusts offer privacy (wills become public record in probate) and can be easier to administer, but they require more upfront work and cost to establish properly.
Does every estate have to go through probate in Texas?
Not necessarily. Assets with named beneficiaries — life insurance, retirement accounts, payable-on-death bank accounts — pass outside of probate automatically. Property held in a living trust also avoids probate. However, any assets titled solely in the deceased person's name without a beneficiary designation will generally need to go through the probate process.
What happens if someone dies without a will in Texas?
Dying without a will is called dying "intestate." Texas intestacy laws determine who inherits your property based on your family relationships — not your wishes. The distribution depends on whether you were married, whether you have children, and whether those children are from the current marriage. The results can be surprising: for example, a surviving spouse does not automatically inherit everything if there are children from a prior relationship.
How long does probate take in Texas?
Texas probate is generally faster than in many other states. An independent administration — the most common and streamlined form — can often be completed in 6 to 12 months for a straightforward estate. More complex estates, contested wills, or dependent administrations (which require court approval for each action) can take significantly longer. Texas also offers simplified procedures for small estates that may not require full probate.
What counties does the Law Office of Ryan Putz serve?
We serve clients throughout Montgomery County, Harris County, Walker County, and the surrounding Houston metropolitan area. We have two office locations — in The Woodlands and in Huntsville — and appear regularly in courts across the Houston metro area and East Texas. If you're unsure whether we serve your county, call us at (936) 978-2045.
Yes. We understand that legal matters often arise unexpectedly, and cost should not be a barrier to getting proper representation. The Law Office of Ryan Putz offers flexible payment options. Visit our payment options page at ryanputzlaw.com or call us to discuss arrangements that work for your situation.