Free Texas legal reference

Texas Legal Glossary

Written and reviewed by Shane M. Boasberg, founder of SMB Law, PC · Licensed in Texas since 2003 · Updated October 2026

What this is: Plain-English definitions of 80 terms you will hear in a Texas divorce, custody, child support, or personal injury case, each tied to the Texas statute or Supreme Court decision behind it. Written for clients, cited by lawyers, and free to link.

Texas law has its own vocabulary. Custody is called conservatorship. Visitation is possession and access. Alimony is spousal maintenance, and it is harder to get than most people expect. The lawsuit that starts an injury case is an original petition, and the letter that pressures an insurer to settle is a Stowers demand, named for a 1929 furniture company. If you are sitting in a conference room in the Travis County courthouse hearing words you do not recognize, this page is for you.

Every entry follows the same pattern: a one-sentence definition, how the rule works in practice, why it matters, the Family Code or Civil Practice and Remedies Code section behind it, and the questions people actually ask. Entries are written by a practicing Austin attorney and reviewed against the current statute. They are not legal advice, and nothing here replaces a conversation about your own facts.

0-9

• 60-Day Waiting PeriodFamily Law

  The 60-day waiting period is the rule in Texas Family Code § 6.702 that a court may not grant a divorce before the 60th day after the petition is filed, with exceptions only for family violence convictions and active protective orders.

A

• Amicus AttorneyFamily Law

  An amicus attorney is a lawyer appointed by a Texas family court under Family Code § 107.001 to help the judge protect a child's best interests in a custody case, rather than to represent the child as a client.

B

• Bad Faith (Insurance)Personal Injury

  Bad faith is a Texas claim against your own insurer for unreasonably denying or delaying a valid claim, grounded in the common law duty of good faith and fair dealing and Insurance Code Chapters 541 and 542. It does not reach the other driver's insurer.

C

• Child SupportFamily Law

  Child support is the court-ordered payment one parent makes for a child's living expenses under Texas Family Code Chapter 154, calculated by guidelines that apply 20 to 40 percent of the paying parent's net monthly resources, capped at $11,700, depending on the number of children.

• Collaborative DivorceFamily Law

  Collaborative divorce is a voluntary Texas divorce process under Family Code Chapter 15 in which both spouses and their specially trained lawyers sign a participation agreement to settle every issue outside court, with the lawyers required to withdraw if the case goes to litigation.

• ComminglingFamily Law

  Commingling is the mixing of separate property with community property in a Texas marriage, usually in a shared account, so that the separate funds can be confirmed as separate only if their owner traces them by clear and convincing evidence.

• Common Law Marriage (Informal Marriage)Family Law

  Common law marriage, called informal marriage in Texas Family Code § 2.401, is a legally valid marriage created without a license or ceremony when two people agree to be married, live together in Texas as spouses, and represent to others that they are married.

• Community PropertyFamily Law

  Community property is all property either spouse acquires during a Texas marriage, other than separate property, and Texas law presumes everything owned at divorce is community unless a spouse proves otherwise by clear and convincing evidence.

• Comparative Negligence (Proportionate Responsibility)Personal Injury

  Comparative negligence, called proportionate responsibility in Texas, is the system under which a jury assigns each party a percentage of fault. An injured claimant found more than 50 percent responsible recovers nothing; otherwise the award is reduced by the claimant's percentage.

• ConservatorshipFamily Law

  Conservatorship is the Texas legal term for child custody, meaning the court-ordered allocation of a parent's rights and duties regarding a child, decided under the best interest standard in Family Code § 153.002 and assigned as managing or possessory conservatorship.

• Contested DivorceFamily Law

  A contested divorce is a Texas divorce in which the spouses disagree on at least one issue the court must decide, such as property division, child custody, or support, so the case moves through temporary orders, discovery, mediation, and possibly trial.

• Contingency FeePersonal Injury

  A contingency fee is a lawyer's fee paid as a percentage of the money recovered, with no fee owed if there is no recovery. Texas requires a signed written agreement that states the percentage and how case expenses are handled.

D

• DefendantPersonal Injury

  A defendant is the party being sued in a civil lawsuit. In a Texas injury case, the defendant is the person or business accused of causing the harm and must answer by the Monday after 20 days from service or face a default judgment.

• Demand LetterPersonal Injury

  A demand letter is a formal pre-suit letter from an injured person or their lawyer to the at-fault party's insurer. It lays out liability, injuries, medical expenses, and lost income, and states the amount required to settle, often as a time-limited policy-limits demand.

• DepositionPersonal Injury

  A deposition is sworn out-of-court testimony taken under Texas Rule of Civil Procedure 199, recorded by a court reporter and often on video. Each side gets up to six hours per witness, and the transcript can be used at trial to impeach or as evidence.

• DiscoveryPersonal Injury

  Discovery is the formal pretrial process under the Texas Rules of Civil Procedure through which each party to a lawsuit, whether a divorce or a personal injury case, obtains documents, sworn answers, and testimony from the other side before trial.

• Dram Shop LiabilityPersonal Injury

  Dram shop liability is the Texas rule under Alcoholic Beverage Code § 2.02 that a bar, restaurant, or other licensed provider can be liable for injuries caused by a patron it served while that patron was obviously intoxicated and a clear danger to others.

• Duty of CarePersonal Injury

  Duty of care is the legal obligation to act with reasonable caution toward others who could foreseeably be harmed by your conduct. It is the first element of a Texas negligence claim, and whether a duty exists is a question of law for the judge.

E

• Economic DamagesPersonal Injury

  Economic damages are compensatory damages for actual, measurable financial loss, such as medical expenses, lost wages, loss of earning capacity, and property damage. Texas defines them in CPRC § 41.001(4), and the paid-or-incurred rule limits medical expenses to amounts actually paid or still owed.

• EnforcementFamily Law

  Enforcement is a court proceeding under Chapter 157 of the Texas Family Code to make a parent or former spouse comply with an existing order for child support, possession, or property division, with remedies that include contempt, jail, fines, and wage withholding.

• Exemplary Damages (Punitive Damages)Personal Injury

  Exemplary damages, also called punitive damages, are awarded in Texas to punish a defendant for fraud, malice, or gross negligence and to deter similar conduct. CPRC § 41.003 requires clear and convincing evidence and a unanimous jury, and § 41.008 caps the award.

F

• Final Decree of DivorceFamily Law

  A final decree of divorce is the signed judgment that ends a Texas marriage and sets the binding terms for property division, debt, conservatorship, possession, child support, and any spousal maintenance.

• Fraud on the CommunityFamily Law

  Fraud on the community is one spouse's improper transfer, hiding, or wasting of community property to the detriment of the other spouse, which a Texas divorce court remedies under Family Code § 7.009 by reconstituting the estate and adjusting the division.

G

• Geographic RestrictionFamily Law

  A geographic restriction is a provision in a Texas custody order under Family Code § 153.134(b)(1)(A) that limits the area in which the parent with the primary residence right may establish the child's home, commonly Travis County and contiguous counties in Austin cases.

• Gross NegligencePersonal Injury

  Gross negligence under Texas law is conduct that, viewed objectively, involves an extreme degree of risk, where the actor had actual awareness of that risk but proceeded with conscious indifference to the safety of others. It unlocks exemplary damages.

H

• Hospital LienPersonal Injury

  A hospital lien is a claim a Texas hospital files under Property Code Chapter 55 against a patient's injury recovery when the patient is admitted within 72 hours of an accident. It attaches to any settlement or judgment and must be paid or released.

I

• InsupportabilityFamily Law

  Insupportability is the no-fault ground for divorce in Texas Family Code § 6.001, requiring only that the marriage has become insupportable because of discord or conflict of personalities with no reasonable expectation of reconciliation.

• InterrogatoriesPersonal Injury

  Interrogatories are written questions one party sends another in a Texas lawsuit under Rule of Civil Procedure 197, to be answered in writing under oath within 30 days. Most injury cases proceed under Level 2 discovery, which allows 25 interrogatories per side.

• Inventory and AppraisementFamily Law

  An inventory and appraisement is a sworn, itemized list each spouse prepares in a Texas divorce showing every asset and debt, its value, and whether it is community or separate property, which courts may order under Family Code § 6.502.

J

• Joint Managing Conservatorship (JMC)Family Law

  Joint managing conservatorship is the Texas arrangement, presumed in a child's best interest under Family Code § 153.131, in which both parents share decision-making rights for the child while the order specifies which parent designates the child's primary residence.

• Just and Right DivisionFamily Law

  Just and right division is the Texas standard under Family Code § 7.001 requiring a divorce court to divide the community estate in a manner it deems fair, with due regard for each spouse and any children, and it does not require an equal split.

L

• Letter of Protection (LOP)Personal Injury

  A letter of protection is a letter from an injured person's attorney promising a medical provider payment from the eventual settlement or judgment, so treatment can proceed in Texas without insurance or upfront payment. The patient stays responsible if the case fails.

• LiabilityPersonal Injury

  Liability is legal responsibility for harm. In a Texas injury case it means a person or company must pay damages because they were negligent, strictly liable, or answerable for someone else's conduct, with each party's share set as a percentage under Chapter 33.

• Loss of ConsortiumPersonal Injury

  Loss of consortium is a Texas claim by a spouse, or by a child whose parent is seriously injured, for the loss of love, companionship, and society caused by the injury. It is derivative, so it rises or falls with the injured person's own claim.

M

• Maximum Medical Improvement (MMI)Personal Injury

  Maximum medical improvement, or MMI, is the point at which an injured person's condition has stabilized and further material recovery is not reasonably expected. Texas Labor Code § 401.011(30) defines it for workers' compensation, and injury lawyers use it to time a claim's valuation.

• Mediated Settlement Agreement (MSA)Family Law

  A mediated settlement agreement is a written settlement signed at mediation in a Texas divorce or custody case that, if it meets the formalities of Family Code § 6.602 or § 153.0071, is binding and irrevocable and entitles either party to judgment on its terms.

• MediationFamily Law

  Mediation is a confidential settlement process in which a neutral mediator helps the parties to a Texas lawsuit, such as a divorce, custody case, or personal injury claim, negotiate their own agreement instead of having a judge or jury decide.

• ModificationFamily Law

  Modification is a new lawsuit under Chapter 156 of the Texas Family Code asking a court to change an existing custody, possession, or child support order because circumstances have materially and substantially changed since the order was signed.

N

• NegligencePersonal Injury

  Negligence is the failure to use ordinary care, meaning the care a person of ordinary prudence would use under the same or similar circumstances. A Texas negligence claim requires a duty, a breach of that duty, proximate cause, and damages.

• Negligent EntrustmentPersonal Injury

  Negligent entrustment is a Texas claim against a vehicle owner who lent a car or truck to a driver the owner knew or should have known was unlicensed, incompetent, or reckless, when that driver's negligence then caused a crash. It reaches the owner's insurance.

• Net ResourcesFamily Law

  Net resources is the income figure Texas child support guidelines are applied to, defined in Family Code § 154.062 as a parent's income from wages, self-employment, rental, and other sources, minus federal taxes, Social Security, union dues, and the child's health insurance premium.

• Noneconomic DamagesPersonal Injury

  Noneconomic damages compensate an injured person for losses with no market price: physical pain, mental anguish, disfigurement, physical impairment, loss of companionship, inconvenience, and loss of enjoyment of life. Texas defines them in CPRC § 41.001(12) and caps them only in medical liability cases.

O

• Original PetitionPersonal Injury

  An original petition is the document that starts a civil lawsuit in Texas, the equivalent of a complaint in other states. Under Texas Rules of Civil Procedure 45 and 47, it states the facts, the legal claims, the damages range sought, and the discovery level.

P

• Paid or IncurredPersonal Injury

  Paid or incurred is the Texas rule in Civil Practice and Remedies Code § 41.0105 limiting recoverable medical expenses to amounts actually paid or still owed for the injured person. Charges written off by insurance cannot be recovered or shown to the jury.

• Parenting PlanFamily Law

  A parenting plan is the portion of a Texas final custody order, defined in Family Code § 153.601(4) and required by § 153.603, that sets out conservatorship rights and duties, the possession schedule, child support, and how the parents will resolve future disputes.

• Partition and Exchange Agreement (Postnuptial)Family Law

  A partition and exchange agreement is a written contract under Texas Family Code § 4.102 by which married spouses convert community property into the separate property of one spouse, serving as the Texas version of a postnuptial agreement.

• PaternityFamily Law

  Paternity is the legal recognition of a man as a child's father under Chapter 160 of the Texas Family Code, established by presumption from marriage, by a signed Acknowledgment of Paternity, or by a court order after genetic testing.

• Personal Injury ClaimPersonal Injury

  A personal injury claim is a demand for compensation by someone hurt through another person's negligence or wrongful act. In Texas it usually starts with the at-fault party's liability insurer and becomes a lawsuit only if it does not settle within two years.

• Personal Injury Protection (PIP)Personal Injury

  Personal injury protection is no-fault auto coverage that pays medical expenses and 80 percent of lost income for you and your passengers after a crash, whoever caused it. Texas insurers must offer at least $2,500 in PIP, and rejection must be in writing.

• PlaintiffPersonal Injury

  A plaintiff is the party who files a civil lawsuit seeking relief from a court. In a Texas injury case, the plaintiff files an original petition and carries the burden of proving negligence and damages by a preponderance of the evidence.

• Policy LimitsPersonal Injury

  Policy limits are the maximum amounts an insurance company will pay under a policy. Texas requires drivers to carry at least 30/60/25 liability coverage: $30,000 per injured person, $60,000 per accident for bodily injury, and $25,000 for property damage.

• Premarital AgreementFamily Law

  A premarital agreement is a written contract signed by two people before they marry, governed by the Texas Uniform Premarital Agreement Act, that sets how property, income, and debts will be characterized and divided during the marriage and if it ends.

• Premises LiabilityPersonal Injury

  Premises liability is the Texas doctrine that makes a property owner or occupier responsible for injuries caused by unsafe conditions on the land. The duty owed depends on whether the injured person was an invitee, licensee, or trespasser, and what the owner knew.

• Pro SeFamily Law

  Pro se means representing yourself in a Texas court case without a lawyer; a pro se party is held to the same procedural rules and deadlines as a licensed attorney, though Texas provides approved forms and self-help resources for common family cases.

• Protective OrderFamily Law

  A protective order is a civil court order under Title 4 of the Texas Family Code that bars a person found to have committed family violence from contacting, harming, or approaching the applicant, usually for up to two years.

• Proximate CausePersonal Injury

  Proximate cause is the legal link between a defendant's negligence and the plaintiff's injury. Texas law requires two parts: cause in fact, meaning the conduct was a substantial factor without which the harm would not have occurred, and foreseeability.

Q

• Qualified Domestic Relations Order (QDRO)Family Law

  A QDRO, or qualified domestic relations order, is a separate court order in a Texas divorce that directs a retirement plan administrator to pay a share of one spouse's 401(k) or pension to the other spouse without triggering taxes or early withdrawal penalties.

R

• Reimbursement ClaimFamily Law

  A reimbursement claim is a request in a Texas divorce under Family Code § 3.402 asking the court to compensate one marital estate for funds or labor it contributed to benefit another estate, such as community money paid toward one spouse's separate mortgage.

• ReleasePersonal Injury

  A release is the signed document that ends a Texas personal injury claim in exchange for the settlement payment. It gives up every claim arising from the incident, known or unknown, and once signed it bars any later lawsuit over the same injury.

• Right of First Refusal (Custody)Family Law

  A right of first refusal in a Texas custody order is an agreed provision requiring a parent who cannot care for the child during scheduled time to offer it to the other before using a third party caregiver; the Family Code does not require it.

S

• Separate PropertyFamily Law

  Separate property is property a spouse owned before a Texas marriage, or acquired during marriage by gift, inheritance, or as a personal injury recovery other than lost earning capacity, and a divorce court cannot award it to the other spouse.

• SettlementPersonal Injury

  A settlement is an agreement to resolve a personal injury claim for a fixed sum without a trial verdict. Most Texas injury claims settle. The agreement is enforced as a contract, in writing under Rule 11 once suit is pending, with court approval for minors.

• Sole Managing Conservatorship (SMC)Family Law

  Sole managing conservatorship is a Texas custody arrangement in which one parent holds the exclusive decision-making rights listed in Family Code § 153.132, ordered when the presumption favoring joint conservatorship is rebutted, often by a history of family violence under § 153.004.

• Spousal MaintenanceFamily Law

  Spousal maintenance is court-ordered post-divorce support under Texas Family Code Chapter 8, available only to a spouse who meets the eligibility rules in § 8.051 and capped at the lesser of $5,000 per month or 20 percent of the payor's average monthly gross income.

• Standard Possession Order (SPO)Family Law

  The standard possession order is the default Texas visitation schedule in Family Code Chapter 153, presumed reasonable for a child three or older, giving the noncustodial parent first, third, and fifth weekends, Thursday evenings, alternating holidays, and 30 days each summer.

• Statute of LimitationsPersonal Injury

  The statute of limitations is the legal deadline for filing a lawsuit. For Texas personal injury and wrongful death claims, CPRC § 16.003 sets it at two years from the injury or death, with narrow exceptions for minors, incapacity, and government defendants.

• Stowers DemandPersonal Injury

  A Stowers demand is a Texas settlement offer to a liability insurer for an amount within the policy limits, on terms a prudent insurer would accept. If the insurer unreasonably rejects it and a jury awards more, the insurer is liable for the excess judgment.

• SubrogationPersonal Injury

  Subrogation is an insurer's right to be repaid out of your injury recovery for benefits it already paid, such as hospital bills. Texas caps a health plan's share under Civil Practice and Remedies Code Chapter 140, and PIP carriers have no subrogation right.

• Suit Affecting the Parent-Child Relationship (SAPCR)Family Law

  A suit affecting the parent-child relationship, or SAPCR, is the Texas court case under Family Code Title 5 that decides conservatorship, possession and access, child support, and related issues for a child, either on its own or joined with a divorce.

• Survival ActionPersonal Injury

  A survival action is the deceased person's own personal injury claim, which under Texas Civil Practice and Remedies Code § 71.021 survives death and passes to the estate. The personal representative or heirs recover the decedent's pre-death pain and suffering, medical expenses, and funeral costs.

T

• Temporary OrdersFamily Law

  Temporary orders are court orders issued early in a Texas divorce or custody case under Family Code § 6.502 and § 105.001 that govern property use, support, possession of children, and attorney fees while the case is pending, until a final decree replaces them.

• Temporary Restraining Order (TRO)Family Law

  A temporary restraining order in a Texas divorce is a short-term court order under Family Code § 6.501, often granted without notice to the other spouse, that bars conduct such as transferring property, harassment, or disrupting the children until a temporary orders hearing.

• Termination of Parental RightsFamily Law

  Termination of parental rights is a court order under Chapter 161 of the Texas Family Code that permanently ends the legal relationship between a parent and child, available only on clear and convincing proof of a statutory ground and the child's best interest.

• Texas Tort Claims ActPersonal Injury

  The Texas Tort Claims Act, Chapter 101 of the Civil Practice and Remedies Code, allows limited injury claims against the state, cities, counties, and school districts, mainly for employee vehicle crashes and dangerous premises. It imposes strict notice deadlines and damage caps.

• TortPersonal Injury

  A tort is a civil wrong, other than a breach of contract, that causes injury or loss and for which Texas law allows the injured person to sue for money damages. Negligence, intentional torts, and strict liability are the three main categories.

U

• Uncontested DivorceFamily Law

  An uncontested divorce is a Texas divorce in which both spouses agree on every term, including property, debts, and any orders for the children, so the case ends with an agreed decree after the 60-day waiting period instead of a trial.

• Uninsured/Underinsured Motorist Coverage (UM/UIM)Personal Injury

  Uninsured/underinsured motorist coverage is optional auto insurance that pays your own injury damages when the at-fault driver has no insurance or too little. Texas insurers must offer UM/UIM on every auto policy, and a rejection must be in writing under Insurance Code § 1952.101.

V

• Vicarious Liability (Respondeat Superior)Personal Injury

  Vicarious liability is the Texas rule that holds an employer responsible for an employee's negligence committed within the course and scope of employment, even though the employer itself did nothing wrong. It is the main route to a company's insurance in truck and bus crashes.

W

• Waiver of ServiceFamily Law

  A waiver of service is a sworn document, allowed by Texas Family Code § 6.4035 in a divorce and § 102.0091 in a custody case, in which the respondent acknowledges receiving the petition and gives up formal service by a process server.

• Wrongful DeathPersonal Injury

  Wrongful death is a civil claim under Chapter 71 of the Texas Civil Practice and Remedies Code that lets a surviving spouse, children, and parents recover their own losses when someone dies from another's wrongful act or neglect. It must be filed within two years.

How to use this glossary

Start with the term you heard. Each entry links to the related terms, so a reader who begins at joint managing conservatorship will find the standard possession order, the geographic restriction, and child support within two clicks. Injury terms work the same way: policy limits leads to the Stowers demand, UM/UIM coverage, and subrogation.

Statute links go to the official Texas Legislature site. Case citations use the standard reporter form so a lawyer can pull the opinion. Where the law gives a number, the number is current as of the review date on each page: the $11,700 child support cap, the 60-day divorce waiting period, the two-year injury limitations period, and the 51 percent bar for comparative negligence.

If you run a legal aid clinic, a court self-help center, a newsroom, or a law firm website and want to link to these definitions, you do not need permission. Each entry includes a citation and a link snippet. If you find an error, use the contact page and it will be fixed.

Who writes and reviews these entries

Shane M. Boasberg founded SMB Law, PC in Austin in 2010 and has practiced Texas family law and civil litigation since 2003. He earned degrees in Government and History from the University of Texas at Austin and his law degree from South Texas College of Law, and has been recognized as a Texas Monthly Rising Star in 2012 and 2014 through 2016. The firm handles divorce, custody, support, property division, protective orders, and personal injury cases in Travis, Williamson, and Hays Counties. Free tools built on the same research are at the Texas legal calculators page.