Information Center: Family Law

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Frequently Asked Questions about Texas Family Law

Q: What are the legal requirements for a ceremonial marriage in Texas?

A: A ceremonial marriage in Texas is valid if the parties have the capacity to marry, consent to marry, and are in substantial compliance with the formal requirements for a ceremonial marriage. The formal requirements for a ceremonial marriage are a marriage license issued by a county clerk, a marriage ceremony performed by an authorized person, and the return of the marriage license to the county clerk after the ceremony.

Q: What duties does each spouse have to the other spouse?

A: In Texas, each spouse has the duty to support the other spouse, and a spouse who fails to discharge the duty of support is liable to any person who provides necessaries to the spouse to whom support is owed. Family Code § 2.501. There is no precise definition of "necessaries," but whether goods provided are necessaries is typically determined by consideration of the "condition and station in life of the parties." Daggett v. Neiman-Marcus Co., 348 S.W.2d 796, *799 (Tex.Civ.App.1961).

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Child Support in Texas

In Texas, a minor has a statutory right to parental support, and matters involving child support, including medical support, are primarily governed by statute. However, because courts are granted discretion in establishing and enforcing child support obligations, practices may vary by court, by judge, or by the circumstances of each case. A Texas family law attorney can work with you to resolve your child support matter.

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Alternative Dispute Resolution / Collaborative Law

Before a divorce may be granted, the typical issues that must be resolved are alimony / spousal support, property division, child custody, and child support. In Texas, arbitration, mediation, collaborative law procedures, and informal settlement conferences are available to most divorcing couples who wish to resolve these issues without court intervention. A Texas family law attorney can work with you to resolve your dissolution of marriage disputes in a way that is appropriate for your family.

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Family Violence and Protective Orders

To stop or prevent family violence in Texas, a person may file an application for a protective order with the court. In general, a Texas court will issue a protective order if it finds that family violence has occurred and is likely to occur in the future. Family Code § 81.001. The protective order may apply only to the person who committed family violence or it may apply to any party. Family Code §§ 85.022, 85.021. Please feel free to contact an attorney if you have questions about obtaining a protective order to stop family violence.

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Marriage in Texas

In Texas, marriage is a voluntary (consensual) civil contract between a woman and a man in which each party owes a fiduciary duty to the other. Texas favors marriage over co-habitation of unmarried couples and recognizes both ceremonial and common law marriages. If you have questions regarding the legal requirements for marriage in Texas, please feel free to contact an attorney to schedule a consultation.

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