Divorce Proceedings in Texas

Child Custody and Conservatorship

Child Support Guidelines



In Texas, divorce can be filed on both fault and no-fault grounds. No-fault divorce is commonly based on "insupportability," indicating that the marriage has become insupportable due to discord or conflict. The divorce process involves the division of community property, determination of spousal support, and, if applicable, arrangements for child custody and support. It's important to note that Texas is a community property state, meaning that assets acquired during the marriage are generally divided equally unless a different arrangement is deemed fair.

Texas uses the term "conservatorship" instead of custody. There are two types: managing conservatorship (legal custody) and possessory conservatorship (physical custody). The court typically appoints both parents as joint managing conservators, allowing them to share decision-making responsibilities. However, if one parent is deemed unfit, the court may grant sole managing conservatorship to the other parent. The primary consideration in these decisions is the best interest of the child.

Child support in Texas is calculated based on the noncustodial parent's net resources and the number of children requiring support. The Texas Family Code provides guidelines to determine the appropriate amount, but courts may deviate from these guidelines if circumstances warrant. Factors such as the child's needs, educational expenses, and healthcare costs can influence the final support amount. Both parents are expected to contribute to the child's well-being, ensuring their financial needs are met.


To minimize the emotional and financial strain of family law disputes, Texas encourages alternative dispute resolution methods like mediation and collaborative law. These approaches allow parties to resolve issues amicably without court intervention. Mediation involves a neutral third party facilitating discussions, while collaborative law entails both parties working with their attorneys to reach a mutually agreeable settlement. These methods can be particularly beneficial in preserving relationships, especially when children are involved.

Navigating family law matters in Texas requires a clear understanding of the legal principles and procedures involved. Whether dealing with divorce, child custody, or support issues, consulting with a knowledgeable family law attorney can provide guidance and ensure that your rights and interests are protected.