Seguin is the county seat of Guadalupe County, southeast of New Braunfels on the Guadalupe River. Family cases for Seguin, Marion, McQueeney and much of the surrounding area are heard at the Guadalupe County courthouse in Seguin. There is also a close tie to New Braunfels and Comal County: part of New Braunfels itself lies in Guadalupe County, so some New Braunfels families file their divorce or custody case in Seguin rather than at the Comal County courthouse. Our family law team works in both counties, and this page explains what that means for you.
Guadalupe County, Seguin and the New Braunfels County Line
Texas divorces are filed with the district clerk in a county where one spouse has lived for at least 90 days, after six months of living in Texas (Tex. Fam. Code § 6.301). The county your home sits in is what counts, not your mailing address or which city’s name is on it.
That is why the New Braunfels county line matters so much:
| Where you live | Usual filing county | Courthouse |
|---|---|---|
| Seguin, Marion, McQueeney | Guadalupe | Seguin |
| New Braunfels, Comal County side | Comal | New Braunfels |
| New Braunfels, Guadalupe County side | Guadalupe | Seguin |
| Schertz and Cibolo (most addresses) | Guadalupe | Seguin |
Fast growth along the I-35 and Highway 46 corridors has put new neighborhoods on both sides of the line. If you are not sure, check your property tax statement or voter registration card. Our page on where to file for divorce explains the residency rules in more detail.
When Spouses Live in Different Counties
For example, imagine a couple who separates, and one spouse moves from Seguin to a New Braunfels apartment in Comal County. Once either spouse meets the residency rules in a county, a divorce may be filed there. If both counties qualify, the first properly filed case usually goes forward. Choosing where to file is a strategic decision worth discussing before you file.
Filing a Family Case in Seguin
The basic steps are the same across Texas, but each county handles some details its own way.
- District clerk. Divorce, custody and support cases are filed with the Guadalupe County District Clerk in Seguin, usually electronically.
- Fees. Check the current fee schedule with the Guadalupe County District Clerk. Fees and local charges are not the same as in Comal County.
- Standing orders and local rules. Ask whether any standing order or local requirement applies when your case is filed, and get a copy.
- Guardianships and probate. These are handled through the county clerk and the county court system in Guadalupe County, not the district clerk.
- Records. Decrees from Guadalupe County cases are kept by the Guadalupe County District Clerk. See our page on divorce records.
Family Land, Farms and Small Businesses
Guadalupe County still has a strong rural side, with farms, ranches and family land outside Seguin, Marion and Kingsbury, alongside fast-growing subdivisions. That mix shapes many divorces.
Inherited and Family Land
Land inherited during the marriage is separate property, but separate property must be proved by clear and convincing evidence. Questions often include:
- Was the land deeded to one spouse alone, or to both?
- Did community funds pay for fences, wells, barns or a house?
- Is rental, grazing or crop income being earned during the marriage?
- Does an agricultural or wildlife valuation affect taxes after a transfer?
Our page on separate property explains tracing and reimbursement.
Family Businesses
Many Seguin-area families own a shop, a trade business or a farming operation. Valuing a business, separating personal and business expenses and deciding who keeps it can be the most contested part of a divorce. See business in divorce.
Custody and Commutes Between Seguin and New Braunfels
Seguin and New Braunfels are close, but school districts, work schedules and the drive on Highway 46 still affect parenting plans.
- Expanded possession. Parents living within 50 miles of each other generally get the expanded Standard Possession Order by default, with pickup when school lets out.
- Geographic restrictions. An order may restrict the child’s primary residence to Guadalupe County, to Guadalupe and contiguous counties, or to another area. A move from Seguin to New Braunfels may or may not fit inside the restriction.
- Exchange points. A school or a public midpoint can reduce friction.
If a parent plans to move, read the order before signing a lease. Our page on relocation explains what a court looks at.
Child Support in Guadalupe County
Guideline child support is a percentage of the paying parent’s monthly net resources, starting at 20% for one child, up to the statutory cap. The Office of the Attorney General Child Support Division handles many Guadalupe County support cases. Support can be modified if circumstances change substantially, or after three years if the guideline amount differs by 20% or $100. See child support modification.
Existing Orders From Seguin
If you were divorced or received a custody order in Guadalupe County and now live in New Braunfels, the Guadalupe County court generally keeps authority over modifications and enforcement. In some cases, a transfer to the county where the child now lives is possible. We review the original order and the timeline before recommending a path.
Practical Steps for Seguin and Guadalupe County Families
If you are starting to think about a divorce or custody case in Guadalupe County, these steps help:
- Confirm your county. Especially if you live near New Braunfels, Schertz or Cibolo, check the appraisal district record before anything is filed.
- Find your existing orders. Prior divorce or custody orders control where a modification is filed.
- Gather land and business records. Deeds, tax returns, profit and loss statements and loan documents tell the story of what is separate and what is community.
- Write down the children’s routine. School, activities, child care and each parent’s work hours shape a realistic schedule.
- Avoid moving the children out of the area before you understand your rights, since that can affect temporary orders.
Talk With a Family Lawyer Serving Seguin, Guadalupe County and New Braunfels
Whether your home is in Seguin, Marion, McQueeney or on the Guadalupe County side of New Braunfels, New Braunfels Family Law can help you understand where your case belongs and how to move it forward. Call (830) 302-4071 for a free consultation by phone, video or in person. Se habla español.
Frequently Asked Questions
Where are Seguin divorces filed?
Seguin is the county seat of Guadalupe County, so divorces for Seguin residents are generally filed with the Guadalupe County District Clerk in Seguin, as long as the residency requirements are met.
I live in New Braunfels. Could my case be in Seguin?
Yes. Part of New Braunfels lies in Guadalupe County. If your home is on that side of the county line, your divorce or custody case generally belongs in Guadalupe County, not Comal County. Your appraisal district record or voter card usually shows your county.
We moved from Seguin to New Braunfels. Where do we file a custody modification?
A modification is generally filed in the court that made the original order, even if the family has moved. In some situations the case can be transferred to the county where the child now lives. We can review your order and explain the options.
How is family farmland divided in a divorce?
Land inherited or owned before marriage is generally separate property, but it must be proved by clear and convincing evidence. Improvements, livestock, equipment and income during the marriage may be community. Records matter, so gather deeds and tax records early.
Can a Guadalupe County hearing be held by video?
Some courts allow remote appearances for certain hearings, but it depends on the judge and the type of hearing. Always confirm the format of a Guadalupe County setting in advance.
Last reviewed November 13, 2026. General information only, not legal advice.