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Family Law Flashcards

6 cards from real TX BAR practice questions. Tap to flip, then mark Knew It or Still Learning — missed cards come back until you master them.

Read the first 6 Family Law flashcards as text

  1. Under the Texas Family Code, what is the residency requirement for filing a divorce petition?

    Answer: One spouse must have been a Texas domiciliary for 6 months and a county resident for 90 days

    Texas requires one spouse to have been domiciled in the state for at least 6 months and a resident of the filing county for at least 90 days before filing.

  2. In Texas, which ground for divorce does NOT require proof of fault?

    Answer: Insupportability (no-fault)

    Insupportability is Texas's no-fault divorce ground, requiring only that the marriage has become insupportable due to discord or conflict with no reasonable expectation of reconciliation.

  3. How does Texas law define community property in the context of divorce?

    Answer: All property acquired by either spouse during the marriage except by gift, devise, or descent

    Community property includes all property acquired during marriage by either spouse, excluding property obtained by gift, inheritance, or personal injury recovery.

  4. What is the mandatory waiting period for a Texas divorce after the petition is filed?

    Answer: 60 days

    Texas imposes a mandatory 60-day waiting period from the date the divorce petition is filed before the divorce can be finalized.

  5. Under Texas law, which standard governs child custody determinations?

    Answer: Best interest of the child

    Texas courts determine custody (conservatorship) based on the best interest of the child, considering factors like emotional and physical needs, stability, and parenting ability.

  6. What is the maximum percentage of net income that can be ordered for child support for one child in Texas?

    Answer: 20%

    Texas guidelines set child support for one child at 20% of the obligor's net monthly resources, with percentages increasing for additional children.