People in New Braunfels and across Comal County often come to their first call with the same handful of questions, whether they are thinking about divorce, worried about custody, or caring for an aging parent. Below are short answers to some of the most common ones, with links to pages that go deeper. These answers describe Texas law in general. Your situation may have details that change the answer, so a free consultation with a family law attorney is the best next step.
Divorce Questions From New Braunfels Residents
How long do I have to live in Comal County before I can file for divorce?
At least one spouse must have lived in Texas for six months and in the county of filing for 90 days before the petition is filed. Because part of New Braunfels lies in Guadalupe County, your case may belong in Guadalupe County rather than Comal County, depending on your address. Our where to file for divorce page explains this in detail.
How quickly can a Texas divorce be finished?
Texas has a 60-day waiting period that starts when the petition is filed, with exceptions in some family-violence situations. An agreed divorce can sometimes be finalized shortly after that period ends. A contested case typically takes much longer, depending on the issues and the court’s schedule. See our divorce timeline.
Will everything be split 50/50?
Not necessarily. Texas is a community property state, but courts divide community property in a manner that is “just and right,” which is not always equal. Factors such as fault, earning capacity, health, and waste of community assets can affect the division. Separate property, such as property owned before marriage or received by gift or inheritance, is not divided, but it must be proved by clear and convincing evidence. Read more about community property, and about the limited availability of spousal maintenance in Texas.
Custody and Support Questions
Do mothers automatically get custody in Texas?
No. Texas law does not favor either parent based on gender. Courts start with a presumption that naming both parents joint managing conservators is in the child’s best interest, and then decide the schedule and the right to designate the child’s primary residence based on the child’s best interest. See conservatorship and fathers’ rights.
At what age can my child choose where to live?
There is no age at which a child decides alone. In a nonjury trial, a child 12 or older may talk with the judge in chambers on request, and the judge may also interview younger children. The child’s wishes are considered but are not binding. See child preference.
How is child support calculated?
Guideline child support is a percentage of the paying parent’s monthly net resources, starting at 20% for one child and increasing with more children, up to a cap on net resources set by law. Medical and dental support is added on top. Our child support calculator and how child support is calculated pages walk through the math.
Guardianship Questions
My parent has dementia. Do I need a guardianship?
Maybe not. Texas courts must find that less restrictive alternatives, such as powers of attorney or supported decision-making, are not feasible before creating a guardianship. If your parent can still sign documents, those tools may be enough. If not, a guardianship may be needed. See dementia and Alzheimer’s.
Working With Our Family Law Firm
How much will my case cost?
It depends on the type of case and how much is contested. We offer flat fees for many predictable matters, such as uncontested divorces, and use retainers for contested cases. Your first consultation is free, and it can be in English or Spanish (visit our página en español). See our fees page.
Talk With a New Braunfels Divorce and Family Law Attorney
If your question was not answered here, call New Braunfels Family Law at (830) 302-4071 for a free consultation by phone, video or in person. We help families in New Braunfels, Comal County, and Guadalupe, Hays and Kendall counties. You can also read more about our firm or browse our glossary of family law terms.
Frequently Asked Questions
Do I have to prove my spouse did something wrong to get divorced in Texas?
No. Texas allows a no-fault divorce on the ground of insupportability, meaning the marriage cannot continue because of conflict that ends any reasonable expectation of reconciliation. Fault grounds exist and can matter for property division. See grounds for divorce.
Can my spouse stop the divorce by refusing to sign?
No. A spouse who will not sign can still be served, and if he or she does not respond, the case may proceed by default. See can a spouse refuse a divorce.
Can grandparents get visitation in Texas?
Sometimes, but the bar is high. A grandparent must generally show that denying access would significantly impair the child’s physical health or emotional well-being, along with other conditions. See grandparents’ rights.
Does child support stop when my child turns 18?
Support generally continues until the child turns 18 or graduates from high school, whichever is later, and may continue indefinitely for a disabled child. See support after 18.
Is Texas a legal separation state?
Texas does not have a formal legal separation. Couples can live apart, sign agreements, or seek temporary orders during a divorce. See separation in Texas.
What is the difference between a guardianship and a power of attorney?
A power of attorney is signed voluntarily by a person who still has capacity and can be revoked. A guardianship is a court order that removes some or all decision-making rights when a person can no longer manage them. See alternatives to guardianship.
Last reviewed November 13, 2026. General information only, not legal advice.