Texas Statutes
Family Code
Title 1 - The Marriage Relationship

Section 2.0071. Maintenance of Records by Clerk Relating to License for Absent Applicant - Sec. 2.0071. MAINTENANCE OF RECORDS BY CLERK RELATING TO LICENSE...

Section 2.008. Execution of Application by Clerk - Sec. 2.008. EXECUTION OF APPLICATION BY CLERK. (a) The county...

Section 2.009. Issuance of License - Sec. 2.009. ISSUANCE OF LICENSE. (a) Except as provided by...

Section 2.0091. Application for and Issuance of License Through Remote Technology - Sec. 2.0091. APPLICATION FOR AND ISSUANCE OF LICENSE THROUGH REMOTE...

Section 2.010. AIDS Information; Posting on Internet - Sec. 2.010. AIDS INFORMATION; POSTING ON INTERNET. The Department of...

Section 2.012. Violation by County Clerk; Penalty - Sec. 2.012. VIOLATION BY COUNTY CLERK; PENALTY. A county clerk...

Section 2.013. Premarital Education Courses - Sec. 2.013. PREMARITAL EDUCATION COURSES. (a) Each person applying for...

Section 2.014. Family Trust Fund - Sec. 2.014. FAMILY TRUST FUND. (a) The family trust fund...

Subchapter B. Underage Applicants

Section 2.101. General Age Requirement - Sec. 2.101. GENERAL AGE REQUIREMENT. A county clerk may not...

Subchapter C. Ceremony and Return of License

Section 2.201. Expiration of License - Sec. 2.201. EXPIRATION OF LICENSE. If a marriage ceremony has...

Section 2.202. Persons Authorized to Conduct Ceremony - Sec. 2.202. PERSONS AUTHORIZED TO CONDUCT CEREMONY. (a) The following...

Section 2.203. Ceremony - Sec. 2.203. CEREMONY. (a) On receiving an unexpired marriage license,...

Section 2.204. 72-Hour Waiting Period; Exceptions - Sec. 2.204. 72-HOUR WAITING PERIOD; EXCEPTIONS. (a) Except as provided...

Section 2.205. Discrimination in Conducting Marriage Prohibited - Sec. 2.205. DISCRIMINATION IN CONDUCTING MARRIAGE PROHIBITED. (a) A person...

Section 2.206. Return of License; Penalty - Sec. 2.206. RETURN OF LICENSE; PENALTY. (a) The person who...

Section 2.207. Marriage Conducted After License Expired; Penalty - Sec. 2.207. MARRIAGE CONDUCTED AFTER LICENSE EXPIRED; PENALTY. (a) A...

Section 2.208. Recording and Delivery of License - Sec. 2.208. RECORDING AND DELIVERY OF LICENSE. (a) The county...

Section 2.209. Duplicate License - Sec. 2.209. DUPLICATE LICENSE. (a) On request, the county clerk...

Subchapter D. Validity of Marriage

Section 2.301. Fraud, Mistake, or Illegality in Obtaining License - Sec. 2.301. FRAUD, MISTAKE, OR ILLEGALITY IN OBTAINING LICENSE. Except...

Section 2.302. Ceremony Conducted by Unauthorized Person - Sec. 2.302. CEREMONY CONDUCTED BY UNAUTHORIZED PERSON. The validity of...

Subchapter E. Marriage Without Formalities

Section 2.401. Proof of Informal Marriage - Sec. 2.401. PROOF OF INFORMAL MARRIAGE. (a) In a judicial,...

Section 2.402. Declaration and Registration of Informal Marriage - Sec. 2.402. DECLARATION AND REGISTRATION OF INFORMAL MARRIAGE. (a) A...

Section 2.403. Proof of Identity and Age; Offense - Sec. 2.403. PROOF OF IDENTITY AND AGE; OFFENSE. (a) The...

Section 2.404. Recording of Certificate or Declaration of Informal Marriage - Sec. 2.404. RECORDING OF CERTIFICATE OR DECLARATION OF INFORMAL MARRIAGE....

Section 2.405. Violation by County Clerk; Penalty - Sec. 2.405. VIOLATION BY COUNTY CLERK; PENALTY. A county clerk...

Subchapter F. Rights and Duties of Spouses

Section 2.501. Duty to Support - Sec. 2.501. DUTY TO SUPPORT. (a) Each spouse has the...

Subchapter G. Freedom of Religion With Respect to Recognizing or Performing Certain Marriages

Section 2.601. Rights of Certain Religious Organizations - Sec. 2.601. RIGHTS OF CERTAIN RELIGIOUS ORGANIZATIONS. A religious organization,...

Section 2.602. Discrimination Against Religious Organization Prohibited - Sec. 2.602. DISCRIMINATION AGAINST RELIGIOUS ORGANIZATION PROHIBITED. A refusal to...

Subtitle B - Property Rights and Liabilities

Chapter 3 - Marital Property Rights and Liabilities

Subchapter A. General Rules for Separate and Community Property

Section 3.001. Separate Property - Sec. 3.001. SEPARATE PROPERTY. A spouse's separate property consists of:...

Section 3.002. Community Property - Sec. 3.002. COMMUNITY PROPERTY. Community property consists of the property,...

Section 3.003. Presumption of Community Property - Sec. 3.003. PRESUMPTION OF COMMUNITY PROPERTY. (a) Property possessed by...

Section 3.004. Recordation of Separate Property - Sec. 3.004. RECORDATION OF SEPARATE PROPERTY. (a) A subscribed and...

Section 3.005. Gifts Between Spouses - Sec. 3.005. GIFTS BETWEEN SPOUSES. If one spouse makes a...

Section 3.006. Proportional Ownership of Property by Marital Estates - Sec. 3.006. PROPORTIONAL OWNERSHIP OF PROPERTY BY MARITAL ESTATES. If...

Section 3.007. Property Interest in Certain Employee Benefits - Sec. 3.007. PROPERTY INTEREST IN CERTAIN EMPLOYEE BENEFITS. (a) Repealed...

Section 3.008. Property Interest in Certain Insurance Proceeds - Sec. 3.008. PROPERTY INTEREST IN CERTAIN INSURANCE PROCEEDS. (a) Insurance...

Subchapter B. Management, Control, and Disposition of Marital Property

Section 3.101. Managing Separate Property - Sec. 3.101. MANAGING SEPARATE PROPERTY. Each spouse has the sole...

Section 3.102. Managing Community Property - Sec. 3.102. MANAGING COMMUNITY PROPERTY. (a) During marriage, each spouse...

Section 3.103. Managing Earnings of Minor - Sec. 3.103. MANAGING EARNINGS OF MINOR. Except as provided by...

Section 3.104. Protection of Third Persons - Sec. 3.104. PROTECTION OF THIRD PERSONS. (a) During marriage, property...

Subchapter C. Marital Property Liabilities

Section 3.201. Spousal Liability - Sec. 3.201. SPOUSAL LIABILITY. (a) A person is personally liable...

Section 3.202. Rules of Marital Property Liability - Sec. 3.202. RULES OF MARITAL PROPERTY LIABILITY. (a) A spouse's...

Section 3.203. Order in Which Property Is Subject to Execution - Sec. 3.203. ORDER IN WHICH PROPERTY IS SUBJECT TO EXECUTION....

Subchapter D. Management, Control, and Disposition of Marital Property Under Unusual Circumstances

Section 3.301. Missing, Abandoned, or Separated Spouse - Sec. 3.301. MISSING, ABANDONED, OR SEPARATED SPOUSE. (a) A spouse...

Section 3.302. Spouse Missing on Public Service - Sec. 3.302. SPOUSE MISSING ON PUBLIC SERVICE. (a) If a...

Section 3.303. Appointment of Attorney - Sec. 3.303. APPOINTMENT OF ATTORNEY. (a) Except as provided by...

Section 3.304. Notice of Hearing; Citation - Sec. 3.304. NOTICE OF HEARING; CITATION. (a) Notice of the...

Section 3.305. Citation by Publication - Sec. 3.305. CITATION BY PUBLICATION. (a) Except as provided by...

Section 3.306. Court Order for Management, Control, and Disposition of Community Property - Sec. 3.306. COURT ORDER FOR MANAGEMENT, CONTROL, AND DISPOSITION OF...

Section 3.307. Continuing Jurisdiction of Court; Vacating Original Order - Sec. 3.307. CONTINUING JURISDICTION OF COURT; VACATING ORIGINAL ORDER. (a)...

Section 3.308. Recording Order to Affect Real Property - Sec. 3.308. RECORDING ORDER TO AFFECT REAL PROPERTY. An order...

Section 3.309. Remedies Cumulative - Sec. 3.309. REMEDIES CUMULATIVE. The remedies provided in this subchapter...

Subchapter E. Claims for Reimbursement

Section 3.401. Definitions - Sec. 3.401. DEFINITIONS. In this subchapter: (1) Repealed by Acts...

Section 3.402. Claim for Reimbursement; Offsets - Sec. 3.402. CLAIM FOR REIMBURSEMENT; OFFSETS. (a) For purposes of...

Section 3.404. Application of Inception of Title Rule; Ownership Interest Not Created - Sec. 3.404. APPLICATION OF INCEPTION OF TITLE RULE; OWNERSHIP INTEREST...

Section 3.405. Management Rights - Sec. 3.405. MANAGEMENT RIGHTS. This subchapter does not affect the...

Section 3.406. Equitable Lien - Sec. 3.406. EQUITABLE LIEN. (a) On dissolution of a marriage,...

Section 3.409. Nonreimbursable Claims - Sec. 3.409. NONREIMBURSABLE CLAIMS. The court may not recognize a...

Section 3.410. Effect of Marital Property Agreements - Sec. 3.410. EFFECT OF MARITAL PROPERTY AGREEMENTS. A premarital or...

Chapter 4 - Premarital and Marital Property Agreements

Subchapter A. Uniform Premarital Agreement Act

Section 4.001. Definitions - Sec. 4.001. DEFINITIONS. In this subchapter: (1) "Premarital agreement" means...

Section 4.002. Formalities - Sec. 4.002. FORMALITIES. A premarital agreement must be in writing...

Section 4.003. Content - Sec. 4.003. CONTENT. (a) The parties to a premarital agreement...

Section 4.004. Effect of Marriage - Sec. 4.004. EFFECT OF MARRIAGE. A premarital agreement becomes effective...

Section 4.006. Enforcement - Sec. 4.006. ENFORCEMENT. (a) A premarital agreement is not enforceable...

Section 4.007. Enforcement: Void Marriage - Sec. 4.007. ENFORCEMENT: VOID MARRIAGE. If a marriage is determined...

Section 4.008. Limitation of Actions - Sec. 4.008. LIMITATION OF ACTIONS. A statute of limitations applicable...

Section 4.009. Application and Construction - Sec. 4.009. APPLICATION AND CONSTRUCTION. This subchapter shall be applied...

Section 4.010. Short Title - Sec. 4.010. SHORT TITLE. This subchapter may be cited as...

Subchapter B. Marital Property Agreement

Section 4.101. Definition - Sec. 4.101. DEFINITION. In this subchapter, "property" has the meaning...

Section 4.102. Partition or Exchange of Community Property - Sec. 4.102. PARTITION OR EXCHANGE OF COMMUNITY PROPERTY. At any...

Section 4.103. Agreement Between Spouses Concerning Income or Property From Separate Property - Sec. 4.103. AGREEMENT BETWEEN SPOUSES CONCERNING INCOME OR PROPERTY FROM...

Section 4.104. Formalities - Sec. 4.104. FORMALITIES. A partition or exchange agreement under Section...

Section 4.105. Enforcement - Sec. 4.105. ENFORCEMENT. (a) A partition or exchange agreement is...

Section 4.106. Rights of Creditors and Recordation Under Partition or Exchange Agreement - Sec. 4.106. RIGHTS OF CREDITORS AND RECORDATION UNDER PARTITION OR...

Subchapter C. Agreement to Convert Separate Property to Community Property

Section 4.201. Definition - Sec. 4.201. DEFINITION. In this subchapter, "property" has the meaning...

Section 4.202. Agreement to Convert to Community Property - Sec. 4.202. AGREEMENT TO CONVERT TO COMMUNITY PROPERTY. At any...

Section 4.203. Formalities of Agreement - Sec. 4.203. FORMALITIES OF AGREEMENT. (a) An agreement to convert...

Section 4.204. Management of Converted Property - Sec. 4.204. MANAGEMENT OF CONVERTED PROPERTY. Except as specified in...

Section 4.205. Enforcement - Sec. 4.205. ENFORCEMENT. (a) An agreement to convert property to...

Section 4.206. Rights of Creditors; Recording - Sec. 4.206. RIGHTS OF CREDITORS; RECORDING. (a) A conversion of...

Chapter 5 - Homestead Rights

Subchapter A. Sale of Homestead; General Rule

Section 5.001. Sale, Conveyance, or Encumbrance of Homestead - Sec. 5.001. SALE, CONVEYANCE, OR ENCUMBRANCE OF HOMESTEAD. Whether the...

Section 5.002. Sale of Separate Homestead After Spouse Judicially Declared Incapacitated - Sec. 5.002. SALE OF SEPARATE HOMESTEAD AFTER SPOUSE JUDICIALLY DECLARED...

Section 5.003. Sale of Community Homestead After Spouse Judicially Declared Incapacitated - Sec. 5.003. SALE OF COMMUNITY HOMESTEAD AFTER SPOUSE JUDICIALLY DECLARED...

Subchapter B. Sale of Homestead Under Unusual Circumstances

Section 5.101. Sale of Separate Homestead Under Unusual Circumstances - Sec. 5.101. SALE OF SEPARATE HOMESTEAD UNDER UNUSUAL CIRCUMSTANCES. If...

Section 5.102. Sale of Community Homestead Under Unusual Circumstances - Sec. 5.102. SALE OF COMMUNITY HOMESTEAD UNDER UNUSUAL CIRCUMSTANCES. If...

Section 5.103. Time for Filing Petition - Sec. 5.103. TIME FOR FILING PETITION. The petitioning spouse may...

Section 5.104. Appointment of Attorney - Sec. 5.104. APPOINTMENT OF ATTORNEY. (a) Except as provided by...

Section 5.105. Citation; Notice of Hearing - Sec. 5.105. CITATION; NOTICE OF HEARING. Citation and notice of...

Section 5.106. Court Order - Sec. 5.106. COURT ORDER. (a) After notice and hearing, the...

Section 5.108. Remedies and Powers Cumulative - Sec. 5.108. REMEDIES AND POWERS CUMULATIVE. The remedies and the...

Subtitle C - Dissolution of Marriage

Chapter 6 - Suit for Dissolution of Marriage

Subchapter A. Grounds for Divorce and Defenses

Section 6.001. Insupportability - Sec. 6.001. INSUPPORTABILITY. On the petition of either party to...

Section 6.002. Cruelty - Sec. 6.002. CRUELTY. The court may grant a divorce in...

Section 6.003. Adultery - Sec. 6.003. ADULTERY. The court may grant a divorce in...

Section 6.004. Conviction of Felony - Sec. 6.004. CONVICTION OF FELONY. (a) The court may grant...

Section 6.005. Abandonment - Sec. 6.005. ABANDONMENT. The court may grant a divorce in...

Section 6.006. Living Apart - Sec. 6.006. LIVING APART. The court may grant a divorce...

Section 6.007. Confinement in Mental Hospital - Sec. 6.007. CONFINEMENT IN MENTAL HOSPITAL. The court may grant...

Section 6.008. Defenses - Sec. 6.008. DEFENSES. (a) The defenses to a suit for...

Subchapter B. Grounds for Annulment

Section 6.102. Annulment of Marriage of Person Under Age 18 - Sec. 6.102. ANNULMENT OF MARRIAGE OF PERSON UNDER AGE 18....

Section 6.103. Underage Annulment Barred by Adulthood - Sec. 6.103. UNDERAGE ANNULMENT BARRED BY ADULTHOOD. A suit to...

Section 6.104. Discretionary Annulment of Underage Marriage - Sec. 6.104. DISCRETIONARY ANNULMENT OF UNDERAGE MARRIAGE. (a) An annulment...

Section 6.105. Under Influence of Alcohol or Narcotics - Sec. 6.105. UNDER INFLUENCE OF ALCOHOL OR NARCOTICS. The court...

Section 6.106. Impotency - Sec. 6.106. IMPOTENCY. The court may grant an annulment of...

Section 6.107. Fraud, Duress, or Force - Sec. 6.107. FRAUD, DURESS, OR FORCE. The court may grant...

Section 6.108. Mental Incapacity - Sec. 6.108. MENTAL INCAPACITY. (a) The court may grant an...

Section 6.109. Concealed Divorce - Sec. 6.109. CONCEALED DIVORCE. (a) The court may grant an...

Section 6.110. Marriage Less Than 72 Hours After Issuance of License - Sec. 6.110. MARRIAGE LESS THAN 72 HOURS AFTER ISSUANCE OF...

Section 6.111. Death of Party to Voidable Marriage - Sec. 6.111. DEATH OF PARTY TO VOIDABLE MARRIAGE. Except as...

Subchapter C. Declaring a Marriage Void

Section 6.201. Consanguinity - Sec. 6.201. CONSANGUINITY. A marriage is void if one party...

Section 6.202. Marriage During Existence of Prior Marriage - Sec. 6.202. MARRIAGE DURING EXISTENCE OF PRIOR MARRIAGE. (a) A...

Section 6.203. Certain Void Marriages Validated - Sec. 6.203. CERTAIN VOID MARRIAGES VALIDATED. Except for a marriage...

Section 6.204. Recognition of Same-Sex Marriage or Civil Union - Sec. 6.204. RECOGNITION OF SAME-SEX MARRIAGE OR CIVIL UNION. (a)...

Section 6.205. Marriage to Minor - Sec. 6.205. MARRIAGE TO MINOR. A marriage is void if...

Section 6.206. Marriage to Stepchild or Stepparent - Sec. 6.206. MARRIAGE TO STEPCHILD OR STEPPARENT. A marriage is...

Subchapter D. Jurisdiction, Venue, and Residence Qualifications

Section 6.301. General Residency Rule for Divorce Suit - Sec. 6.301. GENERAL RESIDENCY RULE FOR DIVORCE SUIT. A suit...

Section 6.302. Suit for Divorce by Nonresident Spouse - Sec. 6.302. SUIT FOR DIVORCE BY NONRESIDENT SPOUSE. If one...

Section 6.303. Absence on Public Service - Sec. 6.303. ABSENCE ON PUBLIC SERVICE. Time spent by a...

Section 6.304. Armed Forces Personnel Not Previously Residents - Sec. 6.304. ARMED FORCES PERSONNEL NOT PREVIOUSLY RESIDENTS. A person...

Section 6.305. Acquiring Jurisdiction Over Nonresident Respondent - Sec. 6.305. ACQUIRING JURISDICTION OVER NONRESIDENT RESPONDENT. (a) If the...

Section 6.306. Jurisdiction to Annul Marriage - Sec. 6.306. JURISDICTION TO ANNUL MARRIAGE. (a) A suit for...

Section 6.307. Jurisdiction to Declare Marriage Void - Sec. 6.307. JURISDICTION TO DECLARE MARRIAGE VOID. (a) Either party...

Section 6.308. Exercising Partial Jurisdiction - Sec. 6.308. EXERCISING PARTIAL JURISDICTION. (a) A court in which...

Subchapter E. Filing Suit

Section 6.401. Caption - Sec. 6.401. CAPTION. (a) Pleadings in a suit for divorce...

Section 6.402. Pleadings - Sec. 6.402. PLEADINGS. (a) A petition in a suit for...

Section 6.403. Answer - Sec. 6.403. ANSWER. The respondent in a suit for dissolution...

Section 6.4035. Waiver of Service - Sec. 6.4035. WAIVER OF SERVICE. (a) A party to a...

Section 6.404. Information Regarding Protective Orders - Sec. 6.404. INFORMATION REGARDING PROTECTIVE ORDERS. At any time while...

Section 6.405. Protective Order and Related Orders - Sec. 6.405. PROTECTIVE ORDER AND RELATED ORDERS. (a) The petition...

Section 6.406. Mandatory Joinder of Suit Affecting Parent-Child Relationship - Sec. 6.406. MANDATORY JOINDER OF SUIT AFFECTING PARENT-CHILD RELATIONSHIP. (a)...

Section 6.407. Transfer of Suit Affecting Parent-Child Relationship to Divorce Court - Sec. 6.407. TRANSFER OF SUIT AFFECTING PARENT-CHILD RELATIONSHIP TO DIVORCE...

Section 6.408. Service of Citation - Sec. 6.408. SERVICE OF CITATION. Citation on the filing of...

Section 6.409. Citation by Publication - Sec. 6.409. CITATION BY PUBLICATION. (a) Citation in a suit...

Section 6.410. Report to Accompany Petition - Sec. 6.410. REPORT TO ACCOMPANY PETITION. At the time a...

Section 6.411. Confidentiality of Pleadings - Sec. 6.411. CONFIDENTIALITY OF PLEADINGS. (a) This section applies only...

Subchapter F. Temporary Orders

Section 6.501. Temporary Restraining Order - Sec. 6.501. TEMPORARY RESTRAINING ORDER. (a) After the filing of...

Section 6.502. Temporary Injunction and Other Temporary Orders - Sec. 6.502. TEMPORARY INJUNCTION AND OTHER TEMPORARY ORDERS. (a) While...

Section 6.503. Affidavit, Verified Pleading, and Bond Not Required - Sec. 6.503. AFFIDAVIT, VERIFIED PLEADING, AND BOND NOT REQUIRED. (a)...

Section 6.504. Protective Orders - Sec. 6.504. PROTECTIVE ORDERS. On the motion of a party...

Section 6.505. Counseling - Sec. 6.505. COUNSELING. (a) While a divorce suit is pending,...

Section 6.506. Contempt - Sec. 6.506. CONTEMPT. The violation of a temporary restraining order,...

Section 6.507. Interlocutory Appeal - Sec. 6.507. INTERLOCUTORY APPEAL. An order under this subchapter, except...

Subchapter G. Alternative Dispute Resolution

Section 6.601. Arbitration Procedures - Sec. 6.601. ARBITRATION PROCEDURES. (a) On written agreement of the...

Section 6.6015. Determination of Validity and Enforceability of Contract Containing Agreement to Arbitrate - Sec. 6.6015. DETERMINATION OF VALIDITY AND ENFORCEABILITY OF CONTRACT CONTAINING...

Section 6.602. Mediation Procedures - Sec. 6.602. MEDIATION PROCEDURES. (a) On the written agreement of...

Section 6.604. Informal Settlement Conference - Sec. 6.604. INFORMAL SETTLEMENT CONFERENCE. (a) The parties to a...

Subchapter H. Trial and Appeal

Section 6.701. Failure to Answer - Sec. 6.701. FAILURE TO ANSWER. In a suit for divorce,...

Section 6.702. Waiting Period - Sec. 6.702. WAITING PERIOD. (a) Except as provided by Subsection...

Section 6.703. Jury - Sec. 6.703. JURY. In a suit for dissolution of a...

Section 6.704. Testimony of Husband or Wife - Sec. 6.704. TESTIMONY OF HUSBAND OR WIFE. (a) In a...

Section 6.705. Testimony by Marriage Counselor - Sec. 6.705. TESTIMONY BY MARRIAGE COUNSELOR. (a) The report by...

Section 6.706. Change of Name - Sec. 6.706. CHANGE OF NAME. (a) In a decree of...

Section 6.707. Transfers and Debts Pending Decree - Sec. 6.707. TRANSFERS AND DEBTS PENDING DECREE. (a) A transfer...

Section 6.708. Costs; Attorney's Fees and Expenses - Sec. 6.708. COSTS; ATTORNEY'S FEES AND EXPENSES. (a) In a...

Section 6.709. Temporary Orders During Appeal - Sec. 6.709. TEMPORARY ORDERS DURING APPEAL. (a) In a suit...

Section 6.710. Notice of Final Decree - Sec. 6.710. NOTICE OF FINAL DECREE. The clerk of the...

Section 6.711. Findings of Fact and Conclusions of Law - Sec. 6.711. FINDINGS OF FACT AND CONCLUSIONS OF LAW. (a)...

Section 6.712. Date of Marriage Requirement in Final Decree - Sec. 6.712. DATE OF MARRIAGE REQUIREMENT IN FINAL DECREE. (a)...

Subchapter I. Remarriage

Section 6.801. Remarriage - Sec. 6.801. REMARRIAGE. (a) Except as otherwise provided by this...

Section 6.802. Waiver of Prohibition Against Remarriage - Sec. 6.802. WAIVER OF PROHIBITION AGAINST REMARRIAGE. For good cause...

Chapter 7 - Award of Marital Property

Section 7.001. General Rule of Property Division - Sec. 7.001. GENERAL RULE OF PROPERTY DIVISION. In a decree...

Section 7.002. Division and Disposition of Certain Property Under Special Circumstances - Sec. 7.002. DIVISION AND DISPOSITION OF CERTAIN PROPERTY UNDER SPECIAL...

Section 7.003. Disposition of Retirement and Employment Benefits and Other Plans - Sec. 7.003. DISPOSITION OF RETIREMENT AND EMPLOYMENT BENEFITS AND OTHER...

Section 7.004. Disposition of Rights in Insurance - Sec. 7.004. DISPOSITION OF RIGHTS IN INSURANCE. In a decree...

Section 7.005. Insurance Coverage Not Specifically Awarded - Sec. 7.005. INSURANCE COVERAGE NOT SPECIFICALLY AWARDED. (a) If in...

Section 7.006. Agreement Incident to Divorce or Annulment - Sec. 7.006. AGREEMENT INCIDENT TO DIVORCE OR ANNULMENT. (a) To...

Section 7.007. Disposition of Claim for Reimbursement - Sec. 7.007. DISPOSITION OF CLAIM FOR REIMBURSEMENT. In a decree...

Section 7.008. Consideration of Taxes - Sec. 7.008. CONSIDERATION OF TAXES. In ordering the division of...

Section 7.009. Fraud on the Community; Division and Disposition of Reconstituted Estate - Sec. 7.009. FRAUD ON THE COMMUNITY; DIVISION AND DISPOSITION OF...

Chapter 8 - Maintenance

Subchapter A. General Provisions

Section 8.001. Definitions - Sec. 8.001. DEFINITIONS. In this chapter: (1) "Maintenance" means an...

Subchapter B. Spousal Maintenance

Section 8.051. Eligibility for Maintenance - Sec. 8.051. ELIGIBILITY FOR MAINTENANCE. In a suit for dissolution...

Section 8.052. Factors in Determining Maintenance - Sec. 8.052. FACTORS IN DETERMINING MAINTENANCE. A court that determines...

Section 8.053. Presumption - Sec. 8.053. PRESUMPTION. (a) It is a rebuttable presumption that...

Section 8.054. Duration of Maintenance Order - Sec. 8.054. DURATION OF MAINTENANCE ORDER. (a) Except as provided...

Section 8.055. Amount of Maintenance - Sec. 8.055. AMOUNT OF MAINTENANCE. (a) A court may not...

Section 8.056. Termination - Sec. 8.056. TERMINATION. (a) The obligation to pay future maintenance...

Section 8.057. Modification of Maintenance Order - Sec. 8.057. MODIFICATION OF MAINTENANCE ORDER. (a) The amount of...

Section 8.058. Maintenance Arrearages - Sec. 8.058. MAINTENANCE ARREARAGES. A spousal maintenance payment not timely...

Section 8.059. Enforcement of Maintenance Order - Sec. 8.059. ENFORCEMENT OF MAINTENANCE ORDER. (a) The court may...

Section 8.0591. Overpayment - Sec. 8.0591. OVERPAYMENT. (a) If an obligor is not in...

Section 8.060. Putative Spouse - Sec. 8.060. PUTATIVE SPOUSE. In a suit to declare a...

Section 8.061. Unmarried Cohabitants - Sec. 8.061. UNMARRIED COHABITANTS. An order for maintenance is not...

Section 8.062. Place of Payment - Sec. 8.062. PLACE OF PAYMENT. If an obligor is ordered...

Subchapter C. Income Withholding

Section 8.101. Income Withholding; General Rule - Sec. 8.101. INCOME WITHHOLDING; GENERAL RULE. (a) In a proceeding...

Section 8.102. Withholding for Arrearages in Addition to Current Spousal Maintenance - Sec. 8.102. WITHHOLDING FOR ARREARAGES IN ADDITION TO CURRENT SPOUSAL...

Section 8.103. Withholding for Arrearages When Current Maintenance Is Not Due - Sec. 8.103. WITHHOLDING FOR ARREARAGES WHEN CURRENT MAINTENANCE IS NOT...

Section 8.104. Withholding to Satisfy Judgment for Arrearages - Sec. 8.104. WITHHOLDING TO SATISFY JUDGMENT FOR ARREARAGES. The court,...

Section 8.105. Priority of Withholding - Sec. 8.105. PRIORITY OF WITHHOLDING. An order or writ of...

Section 8.106. Maximum Amount Withheld From Earnings - Sec. 8.106. MAXIMUM AMOUNT WITHHELD FROM EARNINGS. An order or...

Section 8.107. Order or Writ Binding on Employer Doing Business in This State - Sec. 8.107. ORDER OR WRIT BINDING ON EMPLOYER DOING BUSINESS...

Section 8.108. Voluntary Writ of Withholding by Obligor - Sec. 8.108. VOLUNTARY WRIT OF WITHHOLDING BY OBLIGOR. (a) An...

Subchapter D. Procedure

Section 8.151. Time Limit - Sec. 8.151. TIME LIMIT. The court may issue an order...

Section 8.152. Contents of Order of Withholding - Sec. 8.152. CONTENTS OF ORDER OF WITHHOLDING. (a) An order...

Section 8.153. Request for Issuance of Order or Writ of Withholding - Sec. 8.153. REQUEST FOR ISSUANCE OF ORDER OR WRIT OF...

Section 8.154. Issuance and Delivery of Order or Writ of Withholding - Sec. 8.154. ISSUANCE AND DELIVERY OF ORDER OR WRIT OF...

Subchapter E. Rights and Duties of Employer

Section 8.201. Order or Writ Binding on Employer - Sec. 8.201. ORDER OR WRIT BINDING ON EMPLOYER. (a) An...

Section 8.202. Effective Date and Duration of Income Withholding - Sec. 8.202. EFFECTIVE DATE AND DURATION OF INCOME WITHHOLDING. An...

Section 8.203. Remitting Withheld Payments - Sec. 8.203. REMITTING WITHHELD PAYMENTS. (a) The employer shall remit...

Section 8.204. Employer May Deduct Fee From Earnings - Sec. 8.204. EMPLOYER MAY DEDUCT FEE FROM EARNINGS. An employer...

Section 8.205. Hearing Requested by Employer - Sec. 8.205. HEARING REQUESTED BY EMPLOYER. (a) Not later than...

Section 8.206. Liability and Obligation of Employer for Payments - Sec. 8.206. LIABILITY AND OBLIGATION OF EMPLOYER FOR PAYMENTS. (a)...

Section 8.207. Employer Receiving Multiple Orders or Writs - Sec. 8.207. EMPLOYER RECEIVING MULTIPLE ORDERS OR WRITS. (a) An...

Section 8.208. Employer's Liability for Discriminatory Hiring or Discharge - Sec. 8.208. EMPLOYER'S LIABILITY FOR DISCRIMINATORY HIRING OR DISCHARGE. (a)...

Section 8.209. Penalty for Noncompliance - Sec. 8.209. PENALTY FOR NONCOMPLIANCE. (a) In addition to the...

Section 8.210. Notice of Termination of Employment and of New Employment - Sec. 8.210. NOTICE OF TERMINATION OF EMPLOYMENT AND OF NEW...

Subchapter F. Writ of Withholding Issued by Clerk

Section 8.251. Notice of Application for Writ of Withholding; Filing - Sec. 8.251. NOTICE OF APPLICATION FOR WRIT OF WITHHOLDING; FILING....

Section 8.252. Contents of Notice of Application for Writ of Withholding - Sec. 8.252. CONTENTS OF NOTICE OF APPLICATION FOR WRIT OF...

Section 8.253. Interstate Request for Withholding - Sec. 8.253. INTERSTATE REQUEST FOR WITHHOLDING. (a) The registration of...

Section 8.254. Additional Arrearages - Sec. 8.254. ADDITIONAL ARREARAGES. If the notice of application for...

Section 8.255. Delivery of Notice of Application for Writ of Withholding; Time of Delivery - Sec. 8.255. DELIVERY OF NOTICE OF APPLICATION FOR WRIT OF...

Section 8.256. Motion to Stay Issuance of Writ of Withholding - Sec. 8.256. MOTION TO STAY ISSUANCE OF WRIT OF WITHHOLDING....

Section 8.257. Effect of Filing Motion to Stay - Sec. 8.257. EFFECT OF FILING MOTION TO STAY. If the...

Section 8.258. Hearing on Motion to Stay - Sec. 8.258. HEARING ON MOTION TO STAY. (a) If the...

Section 8.259. Special Exceptions - Sec. 8.259. SPECIAL EXCEPTIONS. (a) A defect in a notice...

Section 8.260. Writ of Withholding After Arrearages Are Paid - Sec. 8.260. WRIT OF WITHHOLDING AFTER ARREARAGES ARE PAID. (a)...

Section 8.261. Request for Issuance and Delivery of Writ of Withholding - Sec. 8.261. REQUEST FOR ISSUANCE AND DELIVERY OF WRIT OF...

Section 8.262. Issuance and Delivery of Writ of Withholding - Sec. 8.262. ISSUANCE AND DELIVERY OF WRIT OF WITHHOLDING. The...

Section 8.263. Contents of Writ of Withholding - Sec. 8.263. CONTENTS OF WRIT OF WITHHOLDING. A writ of...

Section 8.264. Extension of Repayment Schedule by Party; Unreasonable Hardship - Sec. 8.264. EXTENSION OF REPAYMENT SCHEDULE BY PARTY; UNREASONABLE HARDSHIP....

Section 8.265. Remittance of Amount to Be Withheld - Sec. 8.265. REMITTANCE OF AMOUNT TO BE WITHHELD. The obligor's...

Section 8.266. Failure to Receive Notice of Application for Writ of Withholding - Sec. 8.266. FAILURE TO RECEIVE NOTICE OF APPLICATION FOR WRIT...

Section 8.267. Issuance and Delivery of Writ of Withholding to Subsequent Employer - Sec. 8.267. ISSUANCE AND DELIVERY OF WRIT OF WITHHOLDING TO...

Subchapter G. Modification, Reduction, or Termination of Withholding

Section 8.301. Agreement by Parties Regarding Amount or Duration of Withholding - Sec. 8.301. AGREEMENT BY PARTIES REGARDING AMOUNT OR DURATION OF...

Section 8.302. Modifications to or Termination of Withholding in Voluntary Withholding Cases - Sec. 8.302. MODIFICATIONS TO OR TERMINATION OF WITHHOLDING IN VOLUNTARY...

Section 8.303. Termination of Withholding in Mandatory Withholding Cases - Sec. 8.303. TERMINATION OF WITHHOLDING IN MANDATORY WITHHOLDING CASES. (a)...

Section 8.304. Delivery of Order of Reduction or Termination of Withholding - Sec. 8.304. DELIVERY OF ORDER OF REDUCTION OR TERMINATION OF...

Section 8.305. Liability of Employers - Sec. 8.305. LIABILITY OF EMPLOYERS. The provisions of this chapter...

Subchapter H. Maintenance Qualified Domestic Relations Order

Section 8.351. Jurisdiction for Qualified Domestic Relations Order - Sec. 8.351. JURISDICTION FOR QUALIFIED DOMESTIC RELATIONS ORDER. (a) The...

Section 8.352. Procedure - Sec. 8.352. PROCEDURE. (a) A party to a maintenance order...

Section 8.353. Temporary Orders - Sec. 8.353. TEMPORARY ORDERS. (a) While a suit for a...

Section 8.354. Defective Prior Domestic Relations Order - Sec. 8.354. DEFECTIVE PRIOR DOMESTIC RELATIONS ORDER. If a plan...

Section 8.355. Amendment of Qualified Domestic Relations Order - Sec. 8.355. AMENDMENT OF QUALIFIED DOMESTIC RELATIONS ORDER. (a) A...

Section 8.356. Liberal Construction - Sec. 8.356. LIBERAL CONSTRUCTION. The court shall liberally construe this...

Section 8.357. Attorney's Fees and Costs - Sec. 8.357. ATTORNEY'S FEES AND COSTS. (a) In a proceeding...

Section 8.358. Direct Payment - Sec. 8.358. DIRECT PAYMENT. Payments under a qualified domestic relations...

Section 8.359. Conflicts With Other Law - Sec. 8.359. CONFLICTS WITH OTHER LAW. (a) To the extent...

Chapter 9 - Post-Decree Proceedings

Subchapter A. Suit to Enforce Decree

Section 9.001. Enforcement of Decree - Sec. 9.001. ENFORCEMENT OF DECREE. (a) A party affected by...

Section 9.002. Continuing Authority to Enforce Decree - Sec. 9.002. CONTINUING AUTHORITY TO ENFORCE DECREE. The court that...

Section 9.003. Filing Deadlines - Sec. 9.003. FILING DEADLINES. (a) A suit to enforce the...

Section 9.004. Applicability to Undivided Property - Sec. 9.004. APPLICABILITY TO UNDIVIDED PROPERTY. The procedures and limitations...

Section 9.005. No Jury - Sec. 9.005. NO JURY. A party may not demand a...

Section 9.006. Enforcement of Division of Property - Sec. 9.006. ENFORCEMENT OF DIVISION OF PROPERTY. (a) Except as...

Section 9.007. Limitation on Power of Court to Enforce - Sec. 9.007. LIMITATION ON POWER OF COURT TO ENFORCE. (a)...

Section 9.008. Clarification Order - Sec. 9.008. CLARIFICATION ORDER. (a) On the request of a...

Section 9.009. Delivery of Property - Sec. 9.009. DELIVERY OF PROPERTY. To enforce the division of...

Section 9.010. Reduction to Money Judgment - Sec. 9.010. REDUCTION TO MONEY JUDGMENT. (a) If a party...

Section 9.011. Right to Future Property - Sec. 9.011. RIGHT TO FUTURE PROPERTY. (a) The court may,...

Section 9.012. Contempt - Sec. 9.012. CONTEMPT. (a) The court may enforce by contempt...

Section 9.013. Costs - Sec. 9.013. COSTS. The court may award costs in a...

Section 9.014. Attorney's Fees - Sec. 9.014. ATTORNEY'S FEES. The court may award reasonable attorney's...

Subchapter B. Post-Decree Qualified Domestic Relations Order

Section 9.101. Jurisdiction for Qualified Domestic Relations Order - Sec. 9.101. JURISDICTION FOR QUALIFIED DOMESTIC RELATIONS ORDER. (a) Notwithstanding...

Section 9.102. Procedure - Sec. 9.102. PROCEDURE. (a) A party to a decree of...

Section 9.103. Prior Failure to Render Qualified Domestic Relations Order - Sec. 9.103. PRIOR FAILURE TO RENDER QUALIFIED DOMESTIC RELATIONS ORDER....

Section 9.104. Defective Prior Domestic Relations Order - Sec. 9.104. DEFECTIVE PRIOR DOMESTIC RELATIONS ORDER. If a plan...

Section 9.1045. Amendment of Qualified Domestic Relations Order - Sec. 9.1045. AMENDMENT OF QUALIFIED DOMESTIC RELATIONS ORDER. (a) A...

Section 9.105. Liberal Construction - Sec. 9.105. LIBERAL CONSTRUCTION. The court shall liberally construe this...

Section 9.106. Attorney's Fees - Sec. 9.106. ATTORNEY'S FEES. In a proceeding under this subchapter,...

Subchapter C. Post-Decree Division of Property

Section 9.201. Procedure for Division of Certain Property Not Divided on Divorce or Annulment - Sec. 9.201. PROCEDURE FOR DIVISION OF CERTAIN PROPERTY NOT DIVIDED...

Section 9.202. Limitations - Sec. 9.202. LIMITATIONS. (a) A suit under this subchapter must...

Section 9.203. Division of Undivided Assets When Prior Court Had Jurisdiction - Sec. 9.203. DIVISION OF UNDIVIDED ASSETS WHEN PRIOR COURT HAD...

Section 9.204. Division of Undivided Assets When Prior Court Lacked Jurisdiction - Sec. 9.204. DIVISION OF UNDIVIDED ASSETS WHEN PRIOR COURT LACKED...

Section 9.205. Attorney's Fees - Sec. 9.205. ATTORNEY'S FEES. In a proceeding to divide property...

Subchapter D. Disposition of Undivided Beneficial Interest

Section 9.301. Pre-Decree Designation of Ex-Spouse as Beneficiary of Life Insurance - Sec. 9.301. PRE-DECREE DESIGNATION OF EX-SPOUSE AS BENEFICIARY OF LIFE...

Section 9.302. Pre-Decree Designation of Ex-Spouse as Beneficiary in Retirement Benefits and Other Financial Plans - Sec. 9.302. PRE-DECREE DESIGNATION OF EX-SPOUSE AS BENEFICIARY IN RETIREMENT...

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Texas Statutes Family Code Title 1 - The Marriage Relationship

Texas Statutes
Family Code
Title 1 - The Marriage Relationship