San Marcos, Texas Family Law Attorneys in Hays County

What is Family Law in San Marcos, Texas?

Family law in San Marcos, Texas, encompasses legal matters that affect family dynamics and relationships. This area of law includes divorce, custody disputes, support obligations, paternity actions, adoption, and the rights of fathers. Because these matters often involve strong emotions and major life changes, they require thoughtful legal guidance. At Stange Law Firm, we help clients approach these challenges with care and a focus on practical solutions.

Dissolution of Marriage in San Marcos, Texas

The legal process for ending a marriage in Texas is called dissolution of marriage. It begins when one spouse files a petition with the appropriate court. Texas allows no-fault divorce based on “insupportability,” meaning the relationship has become unworkable. However, when one spouse is at fault—due to cruelty, infidelity, abandonment, a felony conviction, or long-term separation—the court may consider that when deciding matters like asset division and spousal support.

Dissolution is Civil Litigation in San Marcos, Texas

Divorce is treated as a civil matter in Texas and is handled by the Hays County civil courts. Like other civil cases, divorce involves formal procedures such as collecting evidence, taking depositions, and responding to written questions. Mediation or negotiation may help resolve disputes without a trial. Still, cases involving contested custody or complex property issues sometimes require a judge’s ruling.

Alimony and Spousal Support in San Marcos, TX

Texas law provides for spousal support under specific circumstances. Spousal maintenance may be ordered when one spouse is unable to meet basic living expenses after divorce, especially in longer marriages or situations involving disability or family violence. Alimony, usually based on a private agreement, may also be included in the final divorce terms. Courts evaluate several factors when determining whether to award support and how much.

Pre and Postnuptial Agreements in San Marcos, Texas

Prenuptial agreements help couples define how assets and debts will be handled if the marriage ends. These agreements must be made voluntarily and in compliance with Texas law. Postnuptial agreements serve a similar purpose but are signed after the couple is already married. At Stange Law Firm, we help individuals create or review agreements that reflect their financial interests and goals.

Child Custody in San Marcos, TX

In Texas, custody is referred to as “conservatorship.” Courts typically assign joint managing conservatorship to both parents, allowing them to share decision-making authority for their child. However, one parent is often appointed as the primary conservator, responsible for the child’s main residence and day-to-day care. Sole managing conservatorship may be ordered when the other parent poses a risk to the child’s safety or well-being.

Legal and Physical Custody in San Marcos, Texas

Texas courts generally prefer that both parents remain involved in major decisions about the child’s upbringing through joint managing conservatorship. The child usually resides with one parent—the custodial parent—while the other parent is granted visitation. The parenting arrangement considers factors such as school location, stability, and the child’s needs.

Child Support in San Marcos

Under Texas law, both parents share financial responsibility for their children. Typically, the parent who does not have primary custody pays child support. This amount is calculated as a percentage of the paying parent’s net income:

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

Net income includes most sources of earnings, minus taxes and the cost of health insurance for the child. Child support usually continues until the child reaches adulthood, finishes high school, becomes legally emancipated, or requires long-term care due to a disability.

Abuse and Neglect Proceedings in San Marcos, Texas

Texas law strictly addresses child abuse, which includes any physical, emotional, or sexual harm to a child. Teachers, doctors, and other professionals—as well as all members of the public—are legally required to report suspected abuse. Allegations may involve injury, exposure to unsafe substances, sexual exploitation, or significant emotional harm. The state may initiate court proceedings to investigate and ensure the child’s safety.