Texas Pro Se FAQ

Frequently Asked Questions — Representing Yourself in Texas

Common questions for self-represented litigants in Texas, organized by case type.

Divorce

How long does a divorce take in Texas?

In Texas, a divorce cannot be finalized until at least 60 days after the petition is filed. The overall duration depends on factors like disputes over custody or property, which can extend the process.

What are the residency requirements for filing a divorce in Texas?

To file for divorce in Texas, at least one spouse must have been a resident of the state for at least six months and a resident of the county where the divorce is filed for at least 90 days.

Can I get a divorce in Texas without going to court?

If both parties agree on all terms of the divorce, including property division and child custody, you might be able to finalize your divorce without a court appearance. However, a judge's approval is still required.

Child Custody

How can I modify a child custody order in Texas?

To modify a child custody order in Texas, you must file a petition to modify with the court that issued the original order. You need to demonstrate a significant change in circumstances since the original order was made. This could include changes in the child's needs, a parent's living situation, or other relevant factors. It's important to check the Texas court website for the latest forms and procedural requirements.

What factors does the Texas court consider in child custody cases?

Texas courts prioritize the child's best interests when determining custody arrangements. Factors considered include the child's physical and emotional needs, the stability of each parent's home, the child's preference if they are old enough to express a reasoned choice, and any history of family violence or neglect. The court may also consider each parent's ability to foster a positive relationship between the child and the other parent.

Can grandparents seek custody of a child in Texas?

Grandparents in Texas can seek custody or visitation rights under certain circumstances. They must demonstrate that the child's current living situation poses a risk to their health or well-being, or that the child's parents are unfit. Additionally, grandparents may petition for custody if they have had actual care, control, and possession of the child for at least six months. Legal procedures and requirements can vary, so it's essential to consult the Texas court website for the most current information.

Child Support

How is child support calculated in Texas?

In Texas, child support is calculated based on guidelines set in the Texas Family Code, considering the noncustodial parent's net income and the number of children requiring support. The calculation includes a percentage of the parent's income, which varies with the number of children. It's important to consult the current guidelines on the Texas court website or seek legal advice for precise calculations.

Can child support orders be modified in Texas?

Yes, child support orders can be modified in Texas if there is a significant change in circumstances, such as a change in income, job loss, or changes in the child's needs. A parent must file a petition for modification with the court, and a judge will decide if the modification is warranted. Always verify current procedures on the Texas court website.

What happens if child support is not paid in Texas?

If child support is not paid in Texas, the receiving parent can take steps to enforce the order through the court. The court may impose penalties on the non-paying parent, such as wage garnishment, fines, or even jail time. It's crucial to communicate with the court if you are unable to make payments, as ignoring the order can lead to serious consequences.

Small Claims

What is the monetary limit for small claims in Texas?

The monetary limit for small claims cases in Texas Justice Courts is subject to change. It is important to verify the current limit with your local Justice Court or check the Texas Courts website for the latest information. Justice Court (small claims) jurisdictional limit — exclusive of interest, statutory or punitive damages and penalties, attorney fees, and costs (Tex. Gov't Code §27.031(a)(1)): $20,000 (since September 1, 2020). Always confirm the current figure at https://www.txcourts.gov.

How do I serve a small claims petition in Texas?

In Texas, you must have a constable, sheriff, or authorized process server deliver the small claims petition to the defendant. The process server will provide proof of service, which you must file with the court.

Can I appeal a small claims decision in Texas?

Yes, in Texas, you can appeal a small claims decision made by a Justice Court. Appeals are typically heard in the County Court. The appeal must be filed within a specified timeframe, so it's crucial to check current deadlines with the court.

Landlord-Tenant / Eviction

What notice is required for eviction in Texas?

In Texas, a landlord must provide a written notice to vacate before filing an eviction suit. The notice period varies depending on the reason for eviction, but typically ranges from 3 to 30 days. It should clearly state the reason for eviction and the deadline by which the tenant must vacate. Written notice to vacate before filing an eviction (forcible detainer) suit, including for nonpayment of rent, unless the lease specifies a different period (Tex. Prop. Code §24.005): 3 days (current). Always confirm the current figure at https://statutes.capitol.texas.gov. Notice to terminate a month-to-month tenancy (Tex. Prop. Code §91.001): one month (current). Always confirm the current figure at https://statutes.capitol.texas.gov.

Can a tenant appeal an eviction judgment in Texas?

Yes, in Texas, a tenant can appeal an eviction judgment. The appeal must be filed within 5 days after the judgment is signed. During the appeal process, tenants may be required to post an appeal bond or pay rent into the court registry, depending on the terms set by the court.

What happens if a tenant does not leave after an eviction judgment?

If a tenant does not vacate the property after an eviction judgment, the landlord can request a writ of possession. This legal document authorizes law enforcement to remove the tenant and their belongings from the property. The tenant is typically given a short period to vacate voluntarily before the writ is executed.

Restraining Order / Protective Order

How long does a protective order last in Texas?

In Texas, a temporary ex parte protective order typically lasts up to 20 days but can be extended. A final protective order usually lasts up to two years. However, the court may extend it further under certain circumstances. Always verify the specific duration with the court handling your case.

Can I get a protective order without the respondent knowing?

Initially, you can request a temporary ex parte protective order without the respondent being present. This is granted if there is immediate danger. However, the respondent must be notified and have a chance to attend the full hearing for a final protective order.

What should I do if the protective order is violated?

If a protective order is violated in Texas, contact law enforcement immediately. Violating a protective order is a criminal offense, and the respondent can face arrest and prosecution. Keep records of any violations to present in court if necessary.

Expungement

Who is eligible for expungement in Texas?

In Texas, eligibility for expungement typically includes arrests that did not lead to a conviction, certain misdemeanor juvenile offenses, and cases where the individual was acquitted or pardoned. It's essential to verify specific eligibility criteria as they can vary based on the case details.

How long does the expungement process take in Texas?

The expungement process in Texas can vary in duration depending on the complexity of the case and the court's schedule. On average, it may take several months from filing the petition to receiving the final court order. It's advisable to check with the local court for specific timelines.

Can I expunge a felony conviction in Texas?

Generally, felony convictions are not eligible for expungement in Texas. However, there may be exceptions, such as if the conviction was later pardoned or overturned. It's important to consult the current Texas laws or seek legal advice for your specific situation.

Probate

What is the probate threshold in Texas?

Small estate affidavit — value of estate assets (excluding homestead and exempt property) must not exceed this amount (Tex. Estates Code §205.001): $75,000 (current). Always confirm the current figure at https://statutes.capitol.texas.gov.

What is the first step in the Texas probate process?

The first step in the Texas probate process is to file an application for probate with the appropriate court. This initiates the legal proceedings and notifies the court and interested parties of the decedent's death and the intention to begin probate.

How long does probate take in Texas?

The duration of the probate process in Texas can vary depending on the complexity of the estate and any disputes among heirs. Generally, it can take anywhere from a few months to over a year to complete.

Can probate be avoided in Texas?

In some cases, probate can be avoided in Texas through methods such as living trusts, joint ownership with rights of survivorship, or payable-on-death accounts. It's important to consult with a legal professional to understand the options available.

Name Change

How long does the name change process take in Texas?

The duration of the name change process in Texas can vary depending on the court's schedule and the complexity of your case. Typically, it may take several weeks to a few months from filing the petition to receiving the court order. It's advisable to contact the local district court for more specific timelines.

Do I need a lawyer to change my name in Texas?

You are not required to have a lawyer to change your name in Texas, as you can represent yourself in court. However, understanding the legal process and preparing the necessary documents accurately is crucial. Platforms like Pro-Se Pilot can assist self-represented litigants with guidance and tools tailored to the Texas name change process.

Can I change my child's name in Texas?

Yes, you can petition to change your child's name in Texas. The process involves filing a petition in the district court of the county where the child resides. You must provide a valid reason for the name change, and if the other parent is involved, they may need to be notified or consent to the change. Check the Texas Courts website for specific requirements related to minors.

Civil Lawsuit / Breach of Contract

What is the statute of limitations for breach of contract in Texas?

In Texas, the statute of limitations for filing a breach of contract lawsuit is generally four years from the date of the breach. However, this period may vary based on specific contract terms or circumstances, so it's essential to verify with the latest state laws.

How do I serve a breach of contract lawsuit in Texas?

To serve a breach of contract lawsuit in Texas, you must deliver a copy of the petition and a citation to the defendant. This can be done through a sheriff, constable, or a private process server. Proper service is crucial and must comply with Texas rules.

Can I recover attorney fees in a Texas breach of contract case?

In Texas, recovering attorney fees in a breach of contract case is possible if the contract specifically provides for it or if a statute allows it. It's important to review the contract terms and consult Texas statutes to determine eligibility for recovering such fees.

Debt Collection Defense

What should I do if I receive a debt collection lawsuit in Texas?

If you receive a debt collection lawsuit in Texas, it's important to respond promptly. Review the summons and complaint carefully, and file an answer with the court within the specified timeframe to avoid a default judgment. You can also gather evidence and consider seeking legal advice to understand your rights and options.

Can a debt collector garnish my wages in Texas?

Texas law generally protects wages from garnishment for most debts. However, there are exceptions, such as for child support, alimony, or federal taxes. It's important to verify the specific circumstances of your case and consult with a legal professional if you face wage garnishment.

How long does a creditor have to sue for a debt in Texas?

In Texas, the statute of limitations for most debt collection lawsuits is four years from the date of the last payment or acknowledgment of the debt. If sued after this period, you may have a defense based on the statute of limitations. Always confirm current legal timelines and consult with a legal professional for your specific situation.

Consumer Protection

What is the Texas Deceptive Trade Practices Act?

The Texas Deceptive Trade Practices Act (DTPA) is a law that protects consumers against false, misleading, and deceptive business practices. It allows consumers to seek compensation for damages resulting from such practices. The DTPA covers a range of issues, including false advertising and defective products.

How do I file a consumer protection lawsuit in Texas?

To file a consumer protection lawsuit in Texas, you must first attempt to resolve the issue with the business. If unsuccessful, send a demand letter outlining your complaint. If the issue remains unresolved, file a lawsuit in the appropriate court. It's important to check the Texas court website for specific procedures and requirements.

What damages can I recover in a Texas consumer protection case?

In a Texas consumer protection case, you may recover actual damages caused by the deceptive practice, which can include economic losses and mental anguish. In some cases, the court may award additional damages if the conduct was intentional or knowing. Always verify current laws and potential remedies with a legal professional.

Case types in Texas

• Divorce in Texas
• Child Custody in Texas
• Child Support in Texas
• Small Claims in Texas
• Landlord-Tenant in Texas
• Eviction in Texas
• Restraining Order in Texas
• Expungement in Texas
• Probate in Texas
• Name Change in Texas
• Civil Lawsuit in Texas
• Debt Collection in Texas
• Consumer Protection in Texas

Pro-Se Pilot can help you act on this guidance. Start with our free case review, how Pro-Se Pilot works, and pro se help center.

Helpful court resources

• U.S. Courts — representing yourself
• Cornell Legal Information Institute — pro se
• USA.gov — state court directory