What Is Family Law?

Family law is the area of law that governs legal relationships between family members, including marriage, divorce, child custody, child support, adoption, and the division of property between spouses. In Texas, most of these matters are governed by a single set of statutes, the Texas Family Code, and the cases are decided in state district courts, often in courts that hear only family cases.

If you are trying to figure out whether your situation is a “family law” issue, the short test is this: does it involve a marriage, a child, or property shared between spouses? If yes, it almost certainly falls under the Family Code.

Family Law Covers More Than Divorce

Most people first encounter family law through divorce, but divorce is only one piece of it. The Texas Family Code also governs matters that have nothing to do with ending a marriage, including cases between parents who were never married at all.

Common family law matters in Texas include:

• Divorce: Ending a marriage and dividing the property and debts acquired during it.
• Child custody: Called “conservatorship” in Texas, this covers where a child lives and who makes decisions for them.
• Child support: Court-ordered payments calculated under the guidelines in Chapter 154 of the Texas Family Code.
• Paternity: Establishing who a child’s legal father is, which affects both support and custody rights.
• Adoption: Creating a permanent legal parent-child relationship.
• Spousal maintenance: Post-divorce support available in limited circumstances under Chapter 8 of the Texas Family Code.
• Protective orders: Court orders designed to stop family violence.
• Modifications and enforcement: Changing or enforcing existing custody and support orders as circumstances change.

The Two Main Branches: Marriage and Children

The Texas Family Code is organized around two core relationships. The first is the marriage relationship.

Title 1 of the Code governs how marriages are created and dissolved, and it includes one of the most important rules in Texas divorce: community property. Under Texas Family Code § 3.002, property acquired by either spouse during the marriage generally belongs to both of them, and a court divides it in a divorce.

Texas also allows no-fault divorce. Under Texas Family Code § 6.001, a court may grant a divorce on the ground of “insupportability,” meaning the marriage has broken down with no reasonable expectation of reconciliation. Neither spouse has to prove the other did anything wrong.

The second branch is the parent-child relationship, governed by Title 5 of the Code. Every decision a Texas court makes about a child is measured against one standard: Texas Family Code § 153.002 makes the best interest of the child the primary consideration in custody and visitation cases. That standard outweighs what either parent wants.

Where and When You Can File in Texas

Family cases have their own entry requirements. For a divorce, Texas Family Code § 6.301 requires that at least one spouse has lived in Texas for the six months before filing and in the county of filing for the previous 90 days. Texas also builds in a waiting period: under Texas Family Code § 6.702, a court generally cannot grant a divorce until at least 60 days after the petition is filed, even when both spouses agree on everything. Cases involving children are usually filed in the county where the child lives.

How a Family Law Case Actually Works

Family cases follow a different rhythm than other lawsuits. Most are resolved by agreement rather than trial, and Texas courts actively push families toward settlement. Here is the typical path a contested case follows:

• One party files a petition in the district court of the county where the family lives
• The court may issue temporary orders covering custody, support, and property while the case is pending
• Both sides exchange financial and personal information through discovery
• Most courts, including the Harris County family courts, order mediation before allowing a contested case to go to trial
• If no agreement is reached, a judge (or in some cases a jury) decides the outcome

Even after a final order, family cases can come back to court. Custody and support orders can be modified when circumstances materially change, which is why family law is sometimes described as the one area of law where a case is never fully “closed” until the children are grown.

Questions About a Texas Family Law Matter?

If something in your family has shifted, whether it’s a marriage ending, a custody arrangement that no longer works, or a support order that needs enforcing, our firm can tell you where your situation fits under the Code and what your options look like.

At The Clark Law Firm, P.C., we have spent more than 30 years handling family law matters for people in Houston and the surrounding communities.

Call us at 713-236-0000 or contact us online to schedule a case evaluation.