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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).
The Child Support Division (CSD) of the Office of the Attorney General (OAG) of the State of Texas collected more than $2 billion in child support in fiscal year 2006. If you have questions about Texas child support, an attorney may be able to help. Source: Office of Family Initiatives (OFI) (last visited 04/16/07).
Divorce Hurts. Call 1.210.807.8130 for Legal Help You Need.
San Antonio, Texas, Divorce and Family Law Attorney
At the family law firm of Ralph E. Williamson, we know that divorce can be difficult. You need to know your rights when it comes to all divorce legal matters including property division, child custody, child support, and visitation. Our firm handles cases involving Texas divorce and all related family law matters. If you are in the military or live outside of Texas but need a Texas divorce, our law firm can handle your long-distance divorce, as well.
There is nothing more emotional than divorce. Hire a lawyer who will care.
Please read through the following information about family law. If you are considering filing for divorce, or have other family law concerns, contact our offices in San Antonio, Texas, to schedule a consultation with attorney Ralph Williamson.
Overview: Texas Family Law
Family law is the term applied to the laws and rules developed regarding family relationships. Family law rules define not only the relationships between members of a family but also between a family and society as a whole. More than any other area of the law, family law reflects the values society shares regarding how people who are related should treat each other.
When you are faced with an important life decision regarding a key family relationship, a family law attorney at Law Offices of Ralph E. Williamson in San Antonio, Texas, can help you make those decisions.
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.
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.
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.
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.
Texas Family Law Resource Links
Texas Family Code
This Web site contains the Texas Family Code. Limited search capability is offered and documents are available for download in Microsoft Word or PDF format.
Texas District Courts
This Web site contains information about Texas district courts and can be used to locate the district court that serves a particular geographical area.
Child Support Division
This Web site, maintained by the Child Support Division of the Office of the Attorney General of the State of Texas, offers numerous services related to child support matters, including a tool to check the status of a case (requires login), make child support payments, locate the nearest office, and more.
