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Served with Texas Divorce Papers — or Scared for Your Kids? Get Answers Before the Clock Runs Out.

If you've just been served, your spouse is threatening to take the kids, or you need a protective order tonight, every hour matters in Texas. You have until 10:00 a.m. on the first Monday after 20 days have passed to file your answer — miss it and a judge can rule on your divorce, your property and your kids without you. Before you sign anything, agree to anything, or panic, call our free line. You'll reach an AI legal assistant trained on the Texas Family Code and federal law, any hour, in plain English or Spanish. It's free legal information — not legal advice — and it costs you nothing. Call 1-844-690-0555.

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Free legal information. Not legal advice. Available 24/7 across Texas.

Family Law in Texas — what to do right now

If you were just served, do not ignore it — Texas runs a strict 'Monday next after 20 days' clock (Rule 99), and missing it means a default judgment on your divorce, your property, and your kids. Read the citation for the date you were served, write it down, and do NOT sign any agreed decree, waiver, or 'standard' parenting plan your spouse hands you until you understand it. If there's any threat of violence, a court can issue an emergency protective order — and at a family-violence arrest a magistrate can too. Call 1-844-690-0555 first — free, 24/7 — and get your exact deadline and your options straight before you respond.


The law in Texas: Family Law

Texas divorces run through the District Courts — and in the big metros (Harris, Dallas, Tarrant, Bexar) through dedicated Family District Courts. Before you can even file, you must clear a residency-seasoning rule: under Tex. Fam. Code § 6.301, you or your spouse must have lived in Texas for the preceding 6 months and in the filing county for the preceding 90 days. Most Texans file 'no-fault' under § 6.001 (insupportability — the marriage is broken with no reasonable expectation of reconciliation), but Texas still keeps fault grounds (§§ 6.002–6.007: cruelty, adultery, felony conviction, abandonment), and proving fault can win you a larger share of the property.

Texas is a community-property state, and this is where it diverges sharply from most of the country. Under Tex. Fam. Code § 7.001, the judge divides the community estate in a way that is 'just and right' — which expressly does NOT mean 50/50. Property acquired during the marriage is generally community and divisible; property you owned before marriage or received by gift or inheritance is separate (§§ 3.001–3.002) and can never be awarded to your spouse. Fault, fraud on the community, and a gap in earning power can all push the split well past half.

Texas doesn't say 'custody' — it says conservatorship. Under § 153.131 there's a rebuttable presumption that naming both parents Joint Managing Conservators is in the child's best interest, with best interest as the overriding standard (§ 153.002). Possession and access follow a codified Standard Possession Order (§§ 153.252, 153.3101) — a structured statewide schedule most states don't lock down so rigidly. Child support is formula-driven under §§ 154.125/154.129: a percentage of the obligor's monthly net resources (20% for one child, 25% for two, up to 40% for five or more). Separately, the Office of the Attorney General Child Support Division runs its own administrative track to establish and enforce support — you don't need a divorce to use it.

If there's violence, the family courts and the criminal magistrates run on parallel tracks. A District or County Court can issue a civil protective order under Chapter 85 once it finds family violence occurred and is likely to occur again, and a temporary ex parte order can issue immediately for up to 20 days. At the moment of a family-violence arrest, a criminal magistrate can issue a Magistrate's Order for Emergency Protection (Tex. Code Crim. Proc. art. 17.292) lasting 31–61 days (61–91 days if a deadly weapon was used) — but that's an emergency stopgap, and you must pursue the longer civil order before it lapses. Spousal maintenance, by contrast, is hard to get and capped: Texas was the last state to authorize court-ordered alimony (1995) and remains one of the most restrictive in the nation (§§ 8.051–8.055).

Key Statutes (Texas Family Code)

  • § 6.001 — No-fault divorce on 'insupportability' (the ground most Texans use)
  • § 6.301 — Residency: 6 months in Texas + 90 days in the filing county before you can file
  • § 7.001 — Community estate divided 'just and right' (NOT automatically 50/50)
  • § 153.131 — Presumption that Joint Managing Conservatorship serves the child's best interest
  • §§ 154.125 / 154.129 — Child-support guidelines: 20% (1 child), 25% (2), up to 40% (5+)

Courts & Agencies

  • Texas District Courts / Family District Courts — divorce, property, conservatorship, support
  • County Courts at Law — share family jurisdiction in some counties
  • OAG Child Support Division — administrative establishment & enforcement (no divorce needed)
  • Criminal magistrates — issue Emergency Protective Orders at a family-violence arrest (art. 17.292)
  • Texas Courts of Appeals → Supreme Court of Texas — civil appeals of family-law orders

Penalties & Deadlines

  • Answer due 10:00 a.m. the first Monday after 20 days from service (Rule 99) — or risk default judgment
  • § 6.702 — 60-day waiting period: soonest a Texas divorce can be finalized (family-violence exception)
  • Child-support guideline max ~$2,340/mo for one child (net-resources cap rose to $11,700 on Sept 1, 2025)
  • Final protective order up to 2 years; violation = Class A misdemeanor (up to 1 yr jail / $4,000 fine)
  • Unpaid child support: contempt (up to 180 days jail per finding), license suspension, arrears with interest

In Texas, 'Just and Right' Doesn't Mean Half — and Many People Find Out Too Late

Most people walk into a Texas divorce assuming everything gets split down the middle. It doesn't. Under Family Code § 7.001 the judge divides the community estate in whatever way the court 'deems just and right' — and that can be 60/40, 70/30, or worse, where there's adultery, cruelty, fraud on the community, or a big gap in earning power. Meanwhile your separate property (owned before marriage, or inherited) can never be handed to your spouse — but only if you can trace and prove it. Sign an 'agreed' decree without understanding this and you may give away tens of thousands you were entitled to keep. Before you agree to any split, call 1-844-690-0555 for free information on how 'just and right' actually works in Texas.


Likely outcomes & penalties

Texas family outcomes are discretionary and fact-driven, but the statutes set real floors, caps and ranges. Here's what's realistic:
Property split
'Just and right' under § 7.001 — frequently unequal. A spouse can receive materially more than 50% of the community estate for fault, fraud on the community, or earning-capacity disparity. Separate property stays with its owner if it can be traced.
Child support
Guideline maximums after the Sept 1, 2025 cap rise to $11,700 net resources: ~$2,340/mo (1 child), $2,925 (2), $3,510 (3), $4,095 (4), $4,680 (5). A court can order more above the cap for proven needs of the child.
Spousal maintenance
Capped at the lesser of $5,000/mo or 20% of the payer's average monthly gross income (§ 8.055). Duration: up to 5 years (10–<20 yr marriage), 7 years (20–<30), 10 years (30+) under § 8.054. Hard to qualify for at all.
Protective order
Final order up to 2 years (longer for serious bodily injury or repeat orders). Violation is a Class A misdemeanor (up to 1 yr jail / $4,000 fine) under Penal Code § 25.07, rising to a third-degree felony on repeat or assaultive violations, and it triggers firearm restrictions.

Mistakes to avoid

⚠️
Ignoring a served citation past the 'Monday next after 20 days' deadline (Rule 99) — Texas lets a judge enter a default judgment on your divorce, property and kids if you don't file a written answer in time.
⚠️
Assuming Texas splits everything 50/50 — under § 7.001 a court divides the community estate 'just and right,' which is often unequal, and a 'fair-sounding' agreed decree can quietly cost you tens of thousands.
⚠️
Signing an 'agreed' decree or 'standard' parenting plan your spouse drafted without understanding that the Standard Possession Order and conservatorship labels carry real, lasting legal consequences.
⚠️
Failing to trace and document separate property — money or assets owned before marriage or inherited stay yours under §§ 3.001–3.002, but only if you can prove the trail; commingled funds get treated as community.
⚠️
Letting a Magistrate's Order for Emergency Protection (31–61 days) lapse without filing for a Chapter 85 civil protective order — the emergency order expires and your protection vanishes with it.
⚠️
Believing an old child-support order updated itself when the net-resources cap rose to $11,700 on Sept 1, 2025 — it didn't; existing orders only change if you file a modification.

How it works

1
Call 1-844-690-0555 — free, 24/7. No web form, no income test, no waiting for office hours. If you've been served, threatened, or you're scared about your kids, call now — even at 2 a.m. Spanish available.
2
Talk to an AI legal assistant trained on Texas + federal law. Explain what's happening in plain English. You'll get clear information on your answer deadline, conservatorship and the Standard Possession Order, the 'just and right' property split, child-support guidelines, and protective-order options — legal information, not legal advice, and no attorney-client relationship is created.
3
Get matched with a Texas family-law attorney if you want one. If your situation needs a lawyer, we can help you arrange a paid consultation with a Texas-licensed family-law attorney. It's a separate paid step you choose — never pushed on you.

Free & low-cost Family Law help in Texas

If you can't afford a private attorney, Texas has real, free help — especially for domestic-violence survivors and low-income families. These organizations are independent of the Legal Hotline; our free call is a fast first step, but any of these can also help:

Free statewide legal advice for survivors of domestic violence, sexual assault and stalking — protective orders, custody, divorce. Call (800) 374-HOPE / (800) 374-4673.
Statewide self-help portal run by the Texas Legal Services Center: free court forms, DIY divorce and custody guides, and a county-by-county legal-aid directory. A strong first stop if money is tight.
The state's free service to establish, enforce and modify child support — administratively or through the courts. You don't need to be divorced or have a lawyer to open a case.
Free civil representation across 68 South, Central and West Texas counties, including family and domestic-violence cases. Toll-free (833) 329-8752, weekdays; income generally at or below 125% of the federal poverty level.
Free civil legal services to low-income families across 100+ North and West Texas counties, including the Dallas–Fort Worth area. Apply via the Legal Aid Line at (888) 529-5277.
Free civil help across 72 counties covering Houston-metro, East, Southeast and Northeast Texas — including family law and domestic violence. Call (800) 733-8394.
Statewide hub for family-violence legal issues plus a directory of local shelters and advocacy programs. A good route to protective-order help near you.

FAQ — Family Law in Texas

I was just served divorce papers in Texas — how long do I have to respond?

Until 10:00 a.m. on the first Monday after 20 days have passed from the day you were served — Texas's distinctive 'Monday next after 20 days' rule under Rule of Civil Procedure 99. Miss it and the judge can grant a default judgment on your divorce, property and children without hearing your side. Don't guess the date; call 1-844-690-0555 for free, 24/7 help working out your exact deadline.

Is Texas really a 50/50 state when we divorce?

No. Texas is a community-property state, but under Family Code § 7.001 a judge divides the community estate in a way that is 'just and right' — which can be unequal, especially where there's adultery, cruelty, fraud on the community, or a big earning gap. Your separate property (owned before marriage or inherited) stays yours if you can trace it. For free information on how the split could apply to you, call 1-844-690-0555.

How much is child support in Texas in 2026?

It's a percentage of the paying parent's monthly net resources — 20% for one child, 25% for two, up to 40% for five or more. The net-resources cap rose to $11,700 on September 1, 2025, putting the guideline maximum around $2,340/month for one child; courts can order more above the cap for proven needs of the child. Get the numbers run for your situation — call 1-844-690-0555, free.

What's the 60-day waiting period for a Texas divorce?

Under § 6.702, a court generally can't finalize a divorce until the 60th day after the petition is filed — even an uncontested one. There's a narrow exception where the petitioner has an active protective order or magistrate's emergency-protection order based on family violence against the respondent. It's a floor, not a ceiling; contested cases take much longer. Call 1-844-690-0555 for free information on what to expect in your case.

How do I get an emergency protective order against my spouse in Texas?

Two tracks exist. If there's been a family-violence arrest, a criminal magistrate can issue a Magistrate's Order for Emergency Protection (art. 17.292) lasting 31–61 days (up to 91 days if a deadly weapon was involved). Separately, a District or County Court can issue a civil protective order under Chapter 85 — and a temporary ex parte order can last up to 20 days until a full hearing. If you're in danger right now, call 911; for free information on your options, call 1-844-690-0555.

Does 'custody' work differently in Texas?

Yes — Texas calls it conservatorship. Section 153.131 presumes that naming both parents Joint Managing Conservators serves the child's best interest, and possession usually follows a codified Standard Possession Order (§ 153.252). 'Joint' doesn't always mean equal time, and the labels carry lasting consequences. For free, plain-English information on how conservatorship could apply to your family, call 1-844-690-0555.

Can I get alimony (spousal maintenance) in Texas?

It's possible but limited. Texas is one of the most restrictive states — court-ordered spousal maintenance under §§ 8.051–8.055 is capped at the lesser of $5,000/month or 20% of the payer's average monthly gross income, with duration tied to the length of the marriage (generally requiring a 10-year-plus marriage, with longer payouts for longer marriages). Eligibility is narrow. To learn whether you might qualify, call 1-844-690-0555 for free information.

Do I have to prove my spouse did something wrong to get divorced in Texas?

No. Most Texans file 'no-fault' under § 6.001 — that the marriage has become insupportable. But Texas still keeps fault grounds (cruelty, adultery, felony conviction, abandonment), and proving fault can win you a larger 'just and right' share of the community estate. Whether fault is worth raising depends on your facts. Talk it through free, 24/7, by calling 1-844-690-0555.

Are my partner and I 'married' under Texas common-law marriage?

Possibly. Texas recognizes informal (common-law) marriage under Family Code § 2.401 — no license or ceremony required if you agreed to be married, lived together in Texas as spouses, and represented to others that you were married. That can pull surprise divorce and property claims into court. It's a fact-specific question; for free information on where you stand, call 1-844-690-0555.

What if my divorce involves immigration status or a green-card spouse?

Your Texas divorce itself is decided in state District Court under the Texas Family Code, but immigration consequences — like a conditional green card tied to the marriage, or a Form I-864 affidavit of support — are governed by federal law through USCIS, not the Texas court. The two run on separate tracks and a Texas family judge can't decide your immigration status. For free information on how the state and federal pieces fit together, call 1-844-690-0555.

How can the Legal Hotline help if you're not my lawyer?

We give free legal information — not legal advice — through an AI assistant trained on the Texas Family Code and federal law, available 24/7 with no income test and no web form. The call creates no attorney-client relationship, and we're not a law firm or a public defender. If you decide you need representation, we can help you arrange a paid consultation with a Texas-licensed family-law attorney. Start with the free call: 1-844-690-0555.


Are you a Texas family-law attorney? Join our network.

We connect Texas families facing divorce, conservatorship, child-support and protective-order matters with licensed local attorneys. If you're a Texas-licensed family-law practitioner and want vetted client referrals from across Houston, San Antonio, Dallas, Austin, Fort Worth and beyond, we'd like to hear from you. This is a separate path from our client services and never competes with the help we give callers — apply to join the referral network.

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Reviewed by the Legal Hotline Editorial Team.

General legal information, not legal advice. We research every page from primary sources — legislation, the courts, and government legal-aid bodies — and check it for accuracy. Spotted something out of date? Tell us at admin@platfirm.ai.

Don't Let a Deadline Decide Your Divorce or Your Kids.

Whether you've just been served, you're fighting for time with your children, or you need protection tonight, the Texas clocks are unforgiving — and the wrong move can cost you your property or a default judgment. Get free, instant information from an AI legal assistant trained on the Texas Family Code and federal law, any hour of the day or night, in English or Spanish. It's legal information, not advice, it creates no attorney-client relationship, and it costs you nothing. Call 1-844-690-0555 now.

Free legal information. Not legal advice.

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