TX Bar Family Law 1 — Questions and Answers
Question 1: Under the Texas Family Code, what is the residency requirement for filing a divorce petition?
- One spouse must have been a Texas domiciliary for 6 months and a county resident for 90 days (Correct answer)
- Both spouses must have lived in Texas for 1 year
- Either spouse must have lived in Texas for 30 days
- No residency requirement exists
Correct 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.
Question 2: In Texas, which ground for divorce does NOT require proof of fault?
- Insupportability (no-fault) (Correct answer)
- Adultery
- Cruelty
- Abandonment
Correct 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.
Question 3: How does Texas law define community property in the context of divorce?
- All property acquired by either spouse during the marriage except by gift, devise, or descent (Correct answer)
- Only property with both spouses' names on the title
- All property owned by both spouses at any time
- Only real property purchased during the marriage
Correct 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.
Question 4: What is the mandatory waiting period for a Texas divorce after the petition is filed?
- 60 days (Correct answer)
- 30 days
- 90 days
- 180 days
Correct 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.
Question 5: Under Texas law, which standard governs child custody determinations?
- Best interest of the child (Correct answer)
- Preference of the custodial parent
- Equal division between both parents automatically
- Financial superiority of one parent
Correct 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.
Question 6: What is the maximum percentage of net income that can be ordered for child support for one child in Texas?
- 20% (Correct answer)
- 15%
- 25%
- 30%
Correct 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.
TX Bar Family Law 1
Under the Texas Family Code, what is the residency requirement for filing a divorce petition?