Texas Family Law Affidavits: What You Need to Know

Disclaimer: This article provides general educational information about affidavits in Texas family law and is not legal advice. Family law matters are fact-specific and jurisdictional. For guidance about your specific case, consult with a Texas family law attorney.

Family law cases in Texas frequently require affidavits to support motions, establish facts, and provide evidence. Understanding the general types and formats of affidavits can help you prepare better documentation.

Types of Affidavits in Texas Family Law

1. Affidavit of Indigency

Used to request waiver of court costs if you can't afford them.

Requirements:

• Detailed financial information
• List of all income and expenses
• Statement of inability to pay costs
• May require supporting documents

2. Affidavit in Support of Temporary Orders

Used to request temporary orders before final hearing.

Common uses:

• Temporary custody arrangements
• Temporary child support
• Temporary spousal support
• Exclusive use of property

3. Affidavit of Service

Proves that legal documents were properly served to the other party.

4. Standing Order Affidavit

Some Texas counties require affidavits acknowledging receipt of standing orders.

5. Financial Affidavit

Details income, expenses, assets, and debts in divorce proceedings.

Texas-Specific Requirements

Important: The information below describes common requirements, but specific courts may have additional local rules. Always check with your local court or consult an attorney.

Texas family law affidavits commonly follow these conventions:

Typical Format Elements:

• Jurat (oath before notary)
• Venue (county and state)
• Clear statement of personal knowledge
• Signature in presence of notary
• Notary seal and signature

Typical Content Elements:

• First-person statements ("I am" not "The affiant is")
• Numbered paragraphs
• Specific dates and facts
• Personal knowledge (hearsay generally excluded)

Best Practices for Family Law Affidavits

✅ Focus on Facts - Avoid emotional language ✅ Be Specific - Include dates, times, locations ✅ Stay Relevant - Only include facts pertinent to your case ✅ Organize Chronologically - Makes facts easier to follow ✅ Proofread Carefully - Errors undermine credibility

Common Mistakes

❌ Including hearsay without proper foundation ❌ Making legal arguments instead of stating facts ❌ Using inflammatory or emotional language ❌ Omitting critical facts ❌ Including too much irrelevant information

Child Custody Affidavits

Important: Child custody matters are among the most sensitive and complex areas of family law. The information below is general guidance only. Custody determinations involve many factors specific to each case. Strongly consider consulting with a family law attorney for custody-related affidavits.

Custody-related affidavits typically focus on factual information:

General Content Considerations:

• Your relationship with the child and involvement in daily care
• Factual information about routines, school, and activities
• Objective observations (not opinions or conclusions)
• Specific dates, times, and verifiable facts
• Professional, non-emotional tone

Common Pitfalls to Avoid:

• Unsubstantiated accusations
• Character attacks that don't relate to parenting
• Hearsay or secondhand information
• Irrelevant personal history
• Emotional or inflammatory language

Note: What is relevant or admissible varies by case and jurisdiction. An attorney can help you determine what information is appropriate for your specific situation.

How Much Does It Cost?

• DIY with template: $0-$50 (plus notary: $5-$10)
• Online service: $79-$150
• Attorney prepared: $300-$600

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