How long does a divorce take in Bexar County, and what are the residency requirements?

To file for divorce in Bexar County, at least one spouse must have been a Texas resident for the preceding six months and a Bexar County resident for the preceding 90 days (Tex. Fam. Code §6.301). Once the petition is filed, Texas imposes a mandatory 60-day waiting period before the divorce can be finalized (Tex. Fam. Code §6.702), with narrow exceptions in certain family-violence situations. So even a fully agreed, uncontested divorce cannot be completed in less than 60 days, and in practice most take longer — often three to six months for an uncontested case, and considerably longer if property division, business or military-benefit valuation, or child conservatorship is contested. Texas allows no-fault divorce on the ground of "insupportability" (conflict that has destroyed the marriage with no reasonable expectation of reconciliation), and also fault grounds such as cruelty, adultery, and abandonment (Tex. Fam. Code §§6.001-6.007). Choosing to plead fault can matter because it may influence how the court divides community property or awards spousal maintenance, but it also adds cost and conflict. Filing fees are set by the Bexar County District Clerk, and fee waivers (a Statement of Inability to Afford Payment) are available for those who qualify.

How is property divided in a Texas divorce, and what happens to a military pension?

Texas is a community property state, so property and debt acquired during the marriage are generally community property, which the court divides in a manner that is "just and right" (Tex. Fam. Code §7.001) — this does not have to be a 50/50 split, and the court can consider factors like fault, earning capacity, and who has primary care of the children. Separate property — what a spouse owned before marriage, or received during marriage by gift or inheritance — stays with that spouse, but only if it can be traced and proven by clear and convincing evidence, since Texas presumes property on hand at divorce is community. Military benefits are a common issue in Bexar County given Joint Base San Antonio. A military pension earned during the marriage can be divided as community property, but the division must comply with federal law under the Uniformed Services Former Spouses' Protection Act (USFSPA), and rules on direct payment from the Defense Finance and Accounting Service (DFAS) and on continued benefits like TRICARE and the Survivor Benefit Plan add complexity that a family lawyer experienced in military divorce should handle. Other retirement accounts (including USAA and civilian 401(k)s and pensions) typically require a Qualified Domestic Relations Order to divide. Because tracing separate property and valuing businesses and benefits can be technical, both spouses often use counsel.

What does "custody" look like in Texas — how does conservatorship work?

Texas doesn't use the word "custody." Instead, courts appoint "conservators" and set out each parent's rights, duties, and time with the child. In most cases, parents are named joint managing conservators, sharing rights and duties, with one parent typically given the exclusive right to designate the child's primary residence (often within a geographic restriction, such as Bexar and contiguous counties). In some cases — for example, where there's family violence or serious concerns about a parent — one parent may be named sole managing conservator, with the other a possessory conservator. The schedule of time with each parent is called "possession and access," and Texas has a Standard Possession Order (Tex. Fam. Code Ch. 153) that many orders follow, giving the non-primary parent time on the first, third, and fifth weekends, a Thursday evening (or extended weekend under the expanded standard order), alternating holidays, and extended summer possession. The overarching standard is always the best interest of the child. A case involving children — within a divorce or separately for unmarried parents — is a Suit Affecting the Parent-Child Relationship (SAPCR). Parents can agree on their own parenting plan for court approval, and Bexar County's family courts encourage mediation before a contested hearing.

How is child support calculated in Bexar County, Texas?

Texas calculates child support using statutory guidelines based on the paying parent's "net resources" (Tex. Fam. Code Ch. 154), not a complex income-sharing formula. Net resources include wages, self-employment income, and many other income sources, minus specified deductions (income taxes, Social Security, and the cost of the child's health insurance). The guideline percentages are generally 20% of net resources for one child, 25% for two children, 30% for three, 35% for four, and 40% for five or more, with downward adjustments if the paying parent supports other children. These percentages apply up to a statutory cap on net resources (adjusted periodically for inflation); above that cap, additional support requires proof of the child's needs. The order also addresses medical and dental support, typically requiring a parent to provide health insurance or reimburse its cost. The Texas Office of the Attorney General Child Support Division, which has a San Antonio office, can establish, enforce, and modify support orders and establish paternity for unmarried parents at no cost, using tools like wage withholding, license suspension, and enforcement actions. Support can be modified when circumstances change materially, or generally every three years if the guideline amount would change enough. For a military parent, allowances such as BAH and BAS are generally counted toward net resources.

How do I get a protective order for family violence in Bexar County?

Texas protective orders for family violence are governed by Title 4 of the Texas Family Code and are available to someone who has been a victim of family violence and is likely to face it again. In Bexar County, you can seek a protective order through the Bexar County District Attorney's Family Justice Division, which assists victims in applying, or file with the district or county courts; the Bexar County Family Justice Center coordinates services in one location. The court can issue a temporary ex parte protective order the same day, without the other party present, if there's a clear and present danger of family violence, and then set a hearing (generally within about 14 days) for a final protective order that can last up to two years or, in some serious cases, longer. A protective order can order the abuser to stay away from you, your home, and your workplace, prohibit contact, address temporary custody and support, and — under state and federal law — bar the respondent from possessing a firearm while the order is in effect. Family Violence Prevention Services operates the Battered Women and Children's Shelter with a 24-hour crisis hotline (210-733-8810) and provides advocates who can help you through the process and offer emergency shelter. Texas RioGrande Legal Aid and the St. Mary's legal clinics assist income-qualifying survivors with protective orders and related family law matters.

Family Law & Divorce in Bexar County, Texas

Family Law & Divorce in Bexar County, Texas: how the file usually turns local, the documents people miss first, and what usually shifts first

Direct family law & divorce guidance for Bexar County, Texas covering property timeline, household documents, notices, and how local handling starts shaping outcomes.

Reviewed January 2026 3 min read Official-source grounded Ver en Espanol En Español

Key Takeaways

Texas requires 6 months’ state and 90 days’ county residency to file (Fam. Code §6.301), plus a mandatory 60-day waiting period before finalizing (§6.702)
Texas is community property, divided "just and right" (Fam. Code §7.001) — not necessarily 50/50; separate property must be traced and proven
Military pensions (Joint Base San Antonio) divide under the federal USFSPA plus Texas community property rules — a common Bexar County issue
Texas uses "conservatorship" and "possession and access" (Fam. Code Ch. 153), often via a Standard Possession Order, judged by the child’s best interest
Child support follows net-resources percentages (Fam. Code Ch. 154): ~20% for one child, 25% for two, etc.; the OAG Child Support Division enforces for free
Family-violence protective orders (Family Code Title 4) run through the DA’s Family Justice Division; FVPS crisis hotline 210-733-8810

Family law cases in Bexar County are heard in the district courts, several of which sit as designated family courts, at the Bexar County Courthouse and the associated judicial facilities in downtown San Antonio, with filings handled by the Bexar County District Clerk (100 Dolorosa; 210-335-2113). Texas divorce law differs in important ways from many states. To file, at least one spouse must have lived in Texas for the preceding six months and in Bexar County for the preceding 90 days (Tex. Fam. Code §6.301). Texas has a mandatory 60-day waiting period after the petition is filed before a divorce can be finalized (Tex. Fam. Code §6.702) — far shorter than the six-month waits in some states. Texas allows both no-fault divorce (on the ground of "insupportability") and fault-based grounds such as cruelty, adultery, and abandonment (Tex. Fam. Code §§6.001-6.007), and fault can affect the property division and, in some cases, spousal support.

Texas is a community property state: property acquired during the marriage is generally community property subject to a "just and right" division by the court (Tex. Fam. Code §7.001), which need not be exactly equal, while separate property (owned before marriage, or received by gift or inheritance) remains with the owning spouse if properly traced. Bexar County's economy adds specific wrinkles — military pensions and benefits are common given Joint Base San Antonio, and their division is governed by federal law (the Uniformed Services Former Spouses' Protection Act) alongside Texas community property rules; and business interests, USAA and other employer retirement accounts, and real property require valuation. Spousal maintenance in Texas is comparatively limited: eligibility is restricted (generally requiring a marriage of at least 10 years plus an inability to meet minimum reasonable needs, or family violence, or a disability), and the amount and duration are capped by statute (Tex. Fam. Code Ch. 8).

Texas uses distinctive terminology for child custody. Instead of "custody," Texas courts appoint "conservators" — typically joint managing conservators, with one parent often having the exclusive right to designate the child's primary residence — and set out each parent's rights and duties and a schedule of "possession and access," frequently based on the Standard Possession Order (Tex. Fam. Code Ch. 153). The guiding standard is the best interest of the child. A case involving children is called a Suit Affecting the Parent-Child Relationship (SAPCR), which can be brought within a divorce or on its own for unmarried parents. Bexar County operates domestic relations services and requires parenting resources in many cases.

Child support in Texas follows statutory guidelines based on the paying parent's "net resources" (Tex. Fam. Code Ch. 154) — generally 20% of net resources for one child, 25% for two, 30% for three, and so on, up to a statutory cap on the resources to which the percentages apply, with adjustments for other children and for health-insurance and medical-support obligations. The Texas Office of the Attorney General Child Support Division establishes and enforces support orders (including for never-married parents establishing paternity) without requiring private counsel, and maintains a San Antonio office.

Domestic violence protection is available through protective orders under Title 4 of the Texas Family Code, filed in the district or county courts, and the Bexar County Family Justice Center and the Bexar County District Attorney's Family Justice Division assist survivors. Family Violence Prevention Services, which operates the Battered Women and Children's Shelter in San Antonio (24-hour crisis hotline 210-733-8810), provides shelter, advocacy, and legal support. For income-qualifying residents, Texas RioGrande Legal Aid and the St. Mary's University legal clinics assist with divorce, custody, and protective-order matters, and the San Antonio Bar LawReferral Service (210-227-1853) refers to family law attorneys.

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