Texas Family Law Breakdown: 8 Must-Know Stats

Navigating family law issues in Texas can be a complicated and emotionally challenging process. Whether you’re considering divorce, dealing with custody arrangements, or trying to understand Texas family law, having accurate information is key.

Here are eight statistics that shed light on the current landscape of family law in the Lone Star State. If you’re facing a family law issue, contact the Texas family lawyers at Modern Family Law for guidance tailored to your unique situation.

1. Divorce Rates In Texas

Texas has seen a gradual decline in divorce rates over the past decade. As of 2021, the divorce rate in Texas was approximately 1.4 divorces per 1,000 people. This is a significant decrease from previous years, with the rate being as high as 5.5 divorces per 1,000 people in 1990.

While this downward trend might seem encouraging, it’s important to note that fewer people are getting married overall. In 2021, there were about 1,985,072 marriages nationwide, compared to 2,315,000 in the year 2000. This shift in marriage patterns contributes to the lower divorce rates we’re seeing today. Consider seeking professional legal advice early to better understand how these trends might affect your divorce proceedings.

2. Child Custody Arrangements

In Texas, child custody is called conservatorship. Joint Managing Conservatorship (JMC) is the most common arrangement, where both parents share decision-making responsibilities for the child. One parent is usually designated as the primary conservator, determining the child’s main residence. Sole Managing Conservatorship (SMC) is less common and is typically granted when one parent is deemed unfit.

While national statistics show mothers receive about 65% of custody time and fathers 35%, Texas appears to have a slightly more uneven split. In Texas, fathers are awarded only about 33% of custody time, which translates to approximately 120.5 days per year with their children.

Common schedules for joint custody include 4-3, 2-2-5-5, alternating weekends, and 50/50 arrangements. Texas courts prioritize the child’s well-being and encourage parents to create agreements that best serve their child’s needs. Work closely with a Texas family law attorney to develop a custody plan that prioritizes your child’s best interests.

3. Alimony (Spousal Maintenance) Awards

Texas has notably strict laws regarding spousal maintenance, commonly known as alimony in other states. While specific statewide statistics on frequency and average amounts are not readily available, the strict criteria in Texas likely result in lower rates and amounts of spousal maintenance compared to many other states.

To be eligible, the marriage must have lasted at least 10 years, and the requesting spouse must lack sufficient means, or there must be circumstances such as a family violence conviction, an incapacitating disability, or care for a child with a disability. Texas law caps maintenance at $5,000 per month or 20% of the payer’s average monthly gross income, whichever is less. Duration is also limited based on the length of the marriage, ranging from 5 years for marriages of 10-20 years to 10 years for marriages lasting 30+ years, with indefinite maintenance possible only in disability cases. Explore your eligibility for spousal maintenance with a Texas family lawyer to make sure you’re informed about your rights.

4. Child Support Calculations

In Texas, child support is calculated based on the paying parent’s net monthly income and the number of children involved. The basic breakdown is as follows

• 1 child: 20% of net monthly income
• 2 children: 25% of net monthly income
• 3 children: 30% of net monthly income
• 4 children: 35% of net monthly income
• 5 or more children: 40% of net monthly income

While there’s no statutory minimum for child support in Texas, there is a cap on the amount of income used in these calculations. As of 2024, the maximum amount of net resources to which the statutory guidelines apply is $9,200 per month. You can use a Texas child support calculator or consult our attorneys at Modern Family Law to estimate your financial responsibilities accurately.

5. Property Division In A Community Property State

Texas is one of nine community property states in the U.S. This means that most assets obtained during the marriage are regarded as jointly owned and are subject to division upon divorce. However, Texas law emphasizes a “just and right” division of property rather than a strict 50/50 split.

This approach allows for more flexibility in property division, taking into account factors such as each spouse’s earning capacity, fault in the breakup of the marriage, and the needs of any children involved. You should gather thorough financial records to prepare for the equitable division of property in your divorce case.

6. Domestic Violence & Family Law

Domestic violence remains a significant concern in Texas family law cases. According to recent statistics, 40% of women and 34.9% of men in Texas experience some form of intimate partner violence, stalking, or both in their lifetimes. In 2019, 150 women were killed by male romantic partners in Texas, while 31 men were killed by female partners.

These statistics highlight the need for protective orders and other legal measures in family law cases involving domestic violence. If you are experiencing domestic violence, seek immediate protection and legal support from a Texas family lawyer to protect your rights.

7. Remarriage & Stepfamily Formation

While specific Texas data on remarriage rates is limited, national trends provide insight into this aspect of family law. According to the Pew Research Center, about 40% of new marriages in the United States involve at least one partner who has been married before.

The formation of stepfamilies often follows remarriage, especially when one or both partners have children from previous relationships. Nationally, about 16% of married-couple households with children include at least one stepchild under 18. While Texas-specific data is limited, it’s reasonable to assume that the state mirrors these national patterns.

For family law in Texas, this trend highlights the importance of addressing issues such as blended families, stepparent rights, and the potential complications of multiple child support or alimony obligations from previous marriages. Discuss your legal obligations and rights in blended family scenarios with an experienced Texas family law attorney.

8. Adoption & Foster Care Trends

In Texas, there’s been a growing focus on adoption and foster care within the family law system. Recent legislative changes have expanded the definition of an “adoptive parent” to include those who have adopted a child through statutory processes or who are considered to have adopted a child “by estoppel” based on the conduct and actions of the parties.

This change reflects the state’s efforts to provide more stability and legal recognition for non-traditional family structures, which can have significant implications for custody, inheritance, and other family law matters. Consider consulting with a Texas family lawyer to understand more about the legal implications of foster care arrangements.

Conclusion

Navigating family law in Texas requires a deep understanding of the state’s unique laws and statutes. The statistics highlighted in this article provide a snapshot of the key aspects of family law in Texas, from divorce rates and custody arrangements to property division. Each case is unique, and understanding these elements can empower you to make informed decisions during what can be a challenging time.

Modern Family Law

At Modern Family Law, our focus is on providing you with the expert legal support you need during family law proceedings. Our team of skilled attorneys specializes in Texas family law, offering personalized advice that considers your specific circumstances and goals. Whether you’re contemplating divorce, negotiating custody, or facing any other family law matter, we’re here to help. Visit our website or contact us directly to learn how our family law expertise can work for you in navigating the complexities of Texas law.