San Marcos is the county seat of Hays County, about 20 miles up I-35 from New Braunfels. The two cities share a busy commuting corridor, and many families have ties to both, working in one, living in the other, or co-parenting across the Comal and Hays County line. Most San Marcos family cases are filed with the Hays County District Clerk in San Marcos, not in Comal County. Our family law team in New Braunfels works with Hays County families on divorces, custody, child support and paternity, including the issues that come with being a college town.
How San Marcos and Hays County Relate to New Braunfels and Comal County
Hays and Comal counties sit side by side along I-35, and the region’s growth has blurred the boundary for daily life. It has not blurred it for the courts.
- San Marcos, Kyle and Wimberley are in Hays County. Family cases are usually filed with the Hays County District Clerk.
- New Braunfels is mostly in Comal County, with part in Guadalupe County.
- The city of San Marcos extends slightly into neighboring counties at its edges, so the county of your actual address controls.
To file a divorce, one spouse must have lived in Texas at least six months and in the filing county at least 90 days (Tex. Fam. Code § 6.301). If you and your spouse live in different counties, either county may be available once its residency requirement is met. Our page on where to file for divorce walks through the options.
Texas State Students and Young Families
Texas State University brings thousands of students to San Marcos, and some are married, raising children or both. Family law questions for students often look like this:
Residency for Divorce
A student who moved to San Marcos for school may or may not be a resident for divorce purposes. The question is where the person actually lives, not just whether they are enrolled. A student who has lived in San Marcos year-round for more than 90 days may qualify in Hays County. A student who returns to a parent’s home in another county each summer and considers it home may need to look at that county instead.
Short Marriages, Simple Divorces
Many young couples have little property and no children. An uncontested divorce is often the most practical route. Even in a simple case, the decree should clearly address:
- Car titles and car loans
- Student loans and credit cards
- Leases, including who stays and who is released
- Personal property, including pets
Student loans taken out during the marriage can raise community-debt questions. See debt in divorce.
Annulment Questions
Young couples who married quickly sometimes ask about annulment. Texas allows annulment only on specific grounds, such as certain underage marriages, intoxication at the time of the ceremony, impotency, fraud, duress or force, mental incapacity, a spouse concealing a divorce from someone else within the 30 days before the wedding, or a ceremony held within 72 hours after the license was issued. Most couples will need a divorce instead. See our page on annulment.
Unmarried Parents and Paternity in Hays County
Many San Marcos parents were never married. Without a court order, there is no enforceable schedule, support amount or decision-making plan.
- Establish paternity. An Acknowledgment of Paternity signed by both parents, or genetic testing in a court case, establishes legal fatherhood.
- Ask the court for orders. A suit affecting the parent-child relationship sets conservatorship, possession and child support.
- Follow the order. Once in place, it can be enforced by either parent.
The OAG Child Support Division handles many Hays County paternity and support cases. It represents the State of Texas, so a parent who needs help with custody or the schedule may need separate counsel. See our page for unmarried parents.
Custody When One Parent Lives in New Braunfels
For example, imagine a mother who lives in San Marcos near campus and a father who works in New Braunfels. Because they live less than 50 miles apart, the expanded Standard Possession Order generally applies by default unless one parent elects otherwise or the court finds it is not in the child’s best interest. Practical issues still matter:
- School pickups. I-35 traffic between San Marcos and New Braunfels can be unpredictable at school release time.
- Exchange location. A school or a midpoint can work better than either home.
- Geographic restriction. An order may limit the child’s primary residence to Hays County, to Hays and contiguous counties, or to a named school district. Comal County borders Hays County, so a contiguous-counties restriction may allow a move between the two.
Our page on the expanded standard possession order explains the schedule.
Child Support and Student Income
Guideline child support is based on monthly net resources. For a parent who is a student, that can raise questions:
- Part-time wages count.
- Whether scholarships, stipends or other aid count can depend on the details, so bring the paperwork.
- If a parent is intentionally unemployed or underemployed, the court can consider earning potential.
Support continues until 18 or high school graduation, whichever is later. Texas does not require either parent to pay for college unless they agree.
Existing Hays County Orders
If your divorce or custody order came from Hays County and you now live in New Braunfels, the Hays County court generally keeps authority to modify and enforce it. In some situations, a case can be transferred to the county where the child has lived for at least six months. We can review the order and help you decide where to file.
Talk With a Family Lawyer Serving San Marcos, Hays County and New Braunfels
Whether you live near campus, in a growing San Marcos subdivision or along the I-35 corridor toward New Braunfels and Comal County, our family law team can help you sort out where your case belongs and what comes next. Call (830) 302-4071 for a free consultation by phone, video or in person. Se habla español.
Frequently Asked Questions
Where are San Marcos family cases filed?
San Marcos is the county seat of Hays County, and most San Marcos family cases are filed with the Hays County District Clerk there. A few edges of the city extend into neighboring counties, so confirm the county of your actual address.
Can a Texas State student file for divorce in Hays County?
Possibly. One spouse must have lived in Texas for six months and in the county for 90 days before filing. A student who has truly lived in San Marcos for that long may qualify, but someone who considers another place home may need to file elsewhere.
We were never married. How do I get custody rights?
Unmarried fathers usually need legal paternity before a court will set conservatorship, possession and support. That can be done through an Acknowledgment of Paternity or a court case with genetic testing. See our page on paternity.
Does child support end when my child starts college?
In Texas, child support generally continues until 18 or high school graduation, whichever is later. Texas courts do not order support for college, though parents can agree to college expenses in a settlement.
My ex lives in New Braunfels and I live in San Marcos. Which schedule applies?
The two cities are well within 50 miles of each other, so the expanded Standard Possession Order generally applies by default unless a parent elects otherwise or the court finds it is not in the child’s best interest.
Last reviewed November 13, 2026. General information only, not legal advice.