Court papers in a New Braunfels divorce or Comal County guardianship case can read like a foreign language. Texas uses its own vocabulary, and some terms mean something different here than in other states or on television. This glossary defines common Texas family law and guardianship terms in plain English so you can follow your case and have more productive conversations with your family law attorney. Terms are listed alphabetically.
Texas Family Law Terms From A to Z
Acknowledgment of Paternity
A legal form signed by a mother and a man stating that he is the child’s biological father. Once properly filed and not timely challenged, it has the same effect as a court finding of paternity.
Adultery
One of the fault grounds for divorce in Texas (Tex. Fam. Code § 6.003). A court may consider adultery when dividing the community estate, though it does not automatically change the outcome.
Amicus Attorney
A lawyer appointed by the court in a case involving children to help the court protect the child’s best interest. Unlike an attorney ad litem for a child, an amicus attorney does not represent the child as a client.
Annulment
A court ruling that a marriage is voidable and should be treated as invalid, available only on specific grounds in the Family Code. It differs from a void marriage, which was never legally valid. See annulment.
Answer
The formal written response a respondent files after being served with a petition. Missing the deadline to answer can allow the case to proceed by default.
Arrearage
Past-due child support or spousal maintenance. Texas courts cannot forgive child support arrears, and interest generally accrues on unpaid amounts.
Attorney Ad Litem
A lawyer appointed by the court to represent a person in a case. In guardianship cases, an attorney ad litem must be appointed to represent the proposed ward. In family cases, one may be appointed to represent a child.
Best Interest of the Child
The primary standard Texas courts use to decide conservatorship, possession and access (§ 153.002). The court weighs many factors, including the child’s safety, stability and needs.
Bond (Guardianship)
A financial guarantee a guardian must generally post to protect the ward’s estate against loss. The amount for a guardian of the estate can be substantial and is set by the court.
Certificate of Medical Examination
A physician’s report required in most adult guardianship cases, describing the proposed ward’s condition and capacity. It is generally based on an exam within 120 days before the application is filed.
Child Support
Court-ordered payments from one parent to the other for a child’s needs. Texas guideline support is a percentage of the paying parent’s net resources based on the number of children (§ 154.125).
Clear and Convincing Evidence
A higher standard of proof than the usual civil standard. It applies, for example, to proving separate property and to termination of parental rights.
Community Property
Property acquired by either spouse during the marriage that is not separate property. Texas presumes property held at the end of a marriage is community property (§ 3.003).
Conservatorship
The Texas term for the legal rights and duties of a parent or other person regarding a child. It is roughly what many people call custody.
Contempt
A court finding that a person willfully violated a court order. In family cases, contempt can lead to fines or jail and is a common tool for enforcing support and possession orders.
Contractual Alimony
Spousal support that spouses agree to in writing, usually in an agreed divorce decree. It is enforced as a contract and is not bound by the limits on court-ordered maintenance.
Decree of Divorce
The final court order that ends a marriage, divides property and debts, and sets terms for any children. Certified copies are available from the district clerk in the county where the divorce was granted.
Default Judgment
A judgment entered when a properly served respondent does not file an answer or appear. See default divorce.
Discovery
The formal process for each side to obtain information and documents from the other, including requests for production, interrogatories and depositions.
Domestic Relations Order (DRO)
An order dividing a retirement benefit, often used for certain government plans that do not accept a QDRO. Its form depends on the plan’s rules.
Expanded Standard Possession Order
A version of the Standard Possession Order with longer weekend and Thursday periods tied to school schedules. Since September 1, 2021, it is the default for parents living within 50 miles unless a parent elects otherwise or the court finds it is not in the child’s best interest.
Family Violence
An act by a family or household member intended to cause physical harm, bodily injury, assault or sexual assault, or a threat that reasonably places the person in fear of such harm. It affects protective orders, waiting periods and parenting decisions.
Geographic Restriction
A provision in a custody order limiting where the child’s primary residence can be, such as a specific county and contiguous counties. Moving outside it without agreement or a court change can lead to enforcement.
Guardian Ad Litem
A person appointed by the court to represent the best interests of a child or a proposed ward. A guardian ad litem is not necessarily a lawyer and does not act as the person’s advocate in the same way an attorney ad litem does.
Guardian of the Estate
A person appointed by a court to manage the money and property of a ward. A guardian of the estate must file an inventory and annual accounts.
Guardian of the Person
A person appointed by a court to make decisions about a ward’s care, residence and medical treatment. A guardian of the person files an annual report on the ward’s well-being.
Guardianship
A court-supervised arrangement in which a guardian is given authority to make decisions for an incapacitated adult or a minor. Texas courts must first find that less restrictive alternatives and supports are not feasible.
Incapacitated Person
An adult who, because of a physical or mental condition, is substantially unable to provide food, clothing or shelter for themselves, care for their own physical health or manage their own financial affairs. A minor is also treated as incapacitated under guardianship law.
Informal Marriage
Often called common-law marriage. In Texas, it exists when a couple agrees to be married, lives together in Texas as spouses and represents to others that they are married (§ 2.401).
Insupportability
The no-fault ground for divorce in Texas (§ 6.001). It means the marriage has become insupportable because of discord or conflict that destroys the marriage and prevents reconciliation.
Interrogatories
Written questions one party sends the other during discovery, which must be answered in writing and under oath.
Inventory and Appraisement
A sworn list of assets and debts, with values, that the court may require each spouse to prepare in a divorce. Guardians of the estate also file an inventory with the court.
Joint Managing Conservators
Both parents share the rights and duties of a parent, though specific rights may be divided. Texas presumes this arrangement is in a child’s best interest unless the presumption is rebutted.
Just and Right Division
The Texas standard for dividing community property in a divorce (§ 7.001). It does not always mean an equal split.
Limited Guardianship
A guardianship that gives the guardian only the specific powers the ward needs help with, leaving the ward all other rights. Texas courts prefer limited guardianships where appropriate.
Mediated Settlement Agreement
A written agreement reached at mediation. If it meets the Family Code’s requirements, including a prominent statement that it is not subject to revocation and the required signatures, it is generally binding.
Mediation
A confidential process in which a neutral mediator helps parties negotiate a settlement. The mediator does not decide the case.
Modification
A court proceeding to change an existing custody, possession or support order. For conservatorship and possession, the usual standard is a material and substantial change in circumstances (§ 156.101).
Net Resources
The income figure used to calculate Texas child support, generally gross income from most sources minus certain items such as taxes and health insurance for the child. See net resources.
Petition
The document that starts a case, such as an Original Petition for Divorce. It states who the parties are and what the petitioner is asking the court to do.
Petitioner
The person who files the petition and starts the case.
Possession and Access
The Texas term for the schedule of when each parent has the child. It is separate from conservatorship.
Possessory Conservator
A parent who has periods of possession but is not a managing conservator. This is typically ordered when joint managing conservatorship is not appropriate.
Premarital Agreement
A contract signed before marriage that can set how property is classified and divided. It must be in writing and signed by both parties under Chapter 4 of the Family Code.
Protective Order
A court order prohibiting a person from committing family violence, contacting or going near the protected person, and similar conduct. See protective orders.
Prove-Up
A short hearing where a party testifies to the basic facts needed for the judge to approve an agreed or default divorce.
Qualified Domestic Relations Order (QDRO)
A court order that directs a private-employer retirement plan to pay part of a participant’s benefit to a former spouse. Only the community portion of the benefit is divisible.
Reimbursement Claim
A claim that one marital estate should be repaid for money or effort used to benefit another estate, such as community funds paying down a mortgage on one spouse’s separate property.
Representative Payee
A person or organization appointed by the Social Security Administration to receive and manage benefits for someone who cannot manage them. It can be an alternative to a guardianship of the estate for Social Security income.
Respondent
The person against whom a petition is filed.
Restoration of Capacity
A court proceeding to end or modify a guardianship when the ward’s capacity has improved. An informal letter from the ward to the court can start the process.
Separate Property
Property a spouse owned before marriage, received by gift or inheritance, or recovered for personal injuries other than lost earnings (§ 3.001). It must be proved by clear and convincing evidence.
Service of Process
Formal delivery of court papers to a party, usually by a constable, sheriff or private process server. Proper service gives the court power to proceed against that person.
Sole Managing Conservator
A parent or other person given exclusive authority over certain key decisions about a child. Sole conservatorship may be ordered when joint conservatorship is not in the child’s best interest.
Spousal Maintenance
Court-ordered support for a spouse after divorce under Chapter 8 of the Family Code. Eligibility, amount and duration are limited by statute. See spousal maintenance.
Standard Possession Order
The default possession schedule in the Texas Family Code, including the first, third and fifth weekends, Thursday evenings during the school year, alternating holidays and extended summer time.
Standing Order
An order that some counties apply automatically to family cases when they are filed, setting basic rules of conduct for the parties. Ask your lawyer whether one applies in your county.
Supported Decision-Making Agreement
An agreement under Texas Estates Code Chapter 1357 that lets an adult with a disability choose a supporter to help them make their own decisions. It is an alternative to guardianship.
Temporary Guardianship
A short-term guardianship available when a person faces imminent danger. It is generally limited to 60 days unless contested or extended.
Temporary Orders
Orders that govern a family case while it is pending, covering issues such as possession, support, use of the home and payment of bills. See temporary orders.
Termination of Parental Rights
A court order permanently ending the legal relationship between a parent and child. It requires clear and convincing evidence of a statutory ground and that termination is in the child’s best interest (§ 161.001).
Ward
A person for whom a guardian has been appointed.
Waiting Period
The 60-day period after a divorce petition is filed before a Texas court can grant the divorce (§ 6.702), with exceptions related to family violence.
Questions? Talk With a New Braunfels Family Law Attorney
Definitions help, but applying them to your situation is another matter. Our team at New Braunfels Family Law helps families across Comal County and nearby counties understand their papers and their options. Call (830) 302-4071 for a free consultation. Se habla español.
Frequently Asked Questions
Why does Texas say conservatorship instead of custody?
The Texas Family Code uses conservatorship to describe a parent’s rights and duties and possession and access to describe the schedule. People still say custody in everyday conversation, and the meaning is similar, but court papers will use the statutory terms.
Is alimony the same as spousal maintenance in Texas?
Not exactly. Spousal maintenance is support a court can order when strict eligibility rules are met. Contractual alimony is support the spouses agree to in their decree, which can differ in amount and length from what a court could order.
What is the difference between a petitioner and a respondent?
The petitioner is the person who files the case. The respondent is the person the case is filed against. The labels do not affect who wins, and both have the same rights to present their side.
Where can I find these terms in my own case?
Look at your petition, temporary orders or decree. If a term in your papers is not listed here or you are unsure how it applies, ask your lawyer or call our office.
Last reviewed November 13, 2026. General information only, not legal advice.