The truth is, there’s a lot of misleading information out there about divorce, custody, and family law matters in Texas. It can be difficult to separate fact from fiction, and that uncertainty might be preventing you from taking the right steps in the direction you want to go. We believe that knowledge is power—when you have the right information, you gain the clarity and confidence to move forward with certainty.
We’ve listed some of the most commonly asked questions about family law in Texas, but every family is unique! For personalized legal advice, don’t hesitate to reach out and schedule a free consultation with our team!
What’s the difference between a contested and uncontested divorce in Texas?
An uncontested divorce means you and your spouse agree on all major issues like property division, child custody, and support, making the process faster and less expensive. A contested divorce occurs when you can’t agree on one or more important issues, requiring court intervention and potentially a trial. Many divorces start as contested but become uncontested through negotiation, mediation, or settlement discussions.
How is debt divided in a Texas divorce?
Just like assets, debt acquired during the marriage is generally considered community property and must be divided between spouses in a “just and right” way. This includes credit card debt, mortgages, car loans, and other marital debts. However, debt one spouse brought into the marriage or acquired after separation may be considered separate debt. The court will look at factors like who benefited from the debt and each spouse’s ability to pay when dividing responsibility.
Do I have to go to court to get divorced?
No, you don’t always have to go to court to get divorced in Texas. If you and your spouse agree on key issues like property division and child custody, you can file an uncontested divorce and avoid a court appearance. However, if you can’t agree on these matters, the court may need to get involved to make decisions for you.
What if my spouse and I both want to keep the house?
If you and your spouse both want to keep the house and neither of you are willing to compromise, then a judge will likely have to make the final decision in court. In this case, the court will consider various factors such as each spouse’s financial ability to maintain the home, the needs of any children involved, and whether one spouse has a stronger claim to the property.
If the judge decides that neither spouse can afford to keep the house, they may order it to be sold and the proceeds divided between both parties. Alternatively, one spouse might be given the option to buy out the other’s share of the home. Ultimately, the goal is to divide the property in a “just and right” way that aligns with Texas’ community property laws, while keeping the best interests of both parties and any children in mind.
What happens if my spouse and I agree on everything in our divorce?If you and your spouse can agree on all the big issues like property division, custody, and support, you can file for an uncontested divorce. This usually means less time, less stress, and lower costs. That being said, you’ll still need to submit paperwork and go through the court’s process to finalize everything. Our experienced Texas divorce attorneys can guide you through an uncontested divorce in a way that’s as seamless as possible and make sure you’re in a prime position for starting the next chapter. Reach out today to book your free consultation and learn how!
What if I miss a child support payment?
Missing a payment can cause problems, but it doesn’t mean you lose your rights right away. It’s important to communicate with the other parent and the court as soon as possible. Courts want to see that you’re making an effort to catch up. If your financial situation changes in a significant way and you don’t feel like the amount you’re paying reflects your current circumstances, you can ask the court for a modification. Our skilled Texas child support attorneys can help you understand your options and guide you through the process so you don’t get penalized unfairly.
Can I get alimony (spousal support) in Texas?
In Texas, alimony (referred to as spousal maintenance) is not automatically awarded in every divorce. The court will only consider alimony in certain situations, such as when one spouse is unable to support themselves due to disability or when the marriage lasted 10 years or more, and one spouse is financially dependent. The court will look at factors like the length of the marriage, each spouse’s financial situation, and the recipient spouse’s ability to support themselves.
It’s important to discuss your specific situation with one of our experienced Texas divorce attorneys to understand whether you may be entitled to spousal support. Schedule a free consultation to learn more!
What happens if my spouse hides assets during the divorce process?If you suspect that your spouse is hiding assets or being dishonest about the value of your marital property, it’s crucial to act quickly. Concealing assets is illegal, and Texas courts take it very seriously. If it’s discovered, the court can award a larger portion of the marital property to the other spouse to make up for the hidden assets. If you think your spouse is hiding property, our experienced team can help investigate and ensure that all assets are disclosed.
What is the difference between legal custody and physical custody in Texas?
Legal custody refers to the right to make important decisions about a child’s upbringing, including education, healthcare, and religious practices. Physical custody refers to where the child lives and how time is shared between parents. In Texas, both can be awarded jointly in an arrangement called a joint managing conservatorship, or to one parent in an arrangement called a joint managing conservatorship, depending on the situation.
Can I modify a child custody order in Texas?
Yes, child custody orders in Texas can be modified if there has been a substantial change in circumstances since the original order was made. Examples include a parent moving, a change in the child’s needs, or issues regarding the safety of the child. A petition for modification must be filed, and the court will review whether the modification is in the child’s best interests.
This process is very complex and modifications are only granted by the court in specific situations, so it’s best to have our experienced Texas custody attorneys guide you through the process. Book a free consultation today!
How does child support work in Texas?
In Texas, child support is typically determined by a percentage of the noncustodial parent’s income, based on the number of children. The courts may consider other factors like the child’s needs, medical expenses, and educational costs. Child support payments continue until the child turns 18 or graduates from high school, whichever comes later. If you need help ensuring a fair arrangement is in place, book a free consultation to learn how our Texas child support attorneys can assist in your case.
How do I know if I’m eligible to file for divorce in Texas?
You can file for divorce in Texas if you or your spouse has lived:
- in Texas for at least the last 6 months, and
- in the county where you file for divorce for at least the last 90 days.
If you are serving in the military or other government service outside of Texas you may still file for divorce in Texas if:
- Texas has been the home state of either you or your spouse for at least six months and
- the county where you plan to file the divorce has been the home county of either spouse for at least 90 days.
How long does the divorce process take in Texas?
There is a mandatory 60-day waiting period between when a divorce is filed and when it can be finalized in Texas. Some couples are able to resolve all of their issues within that window, while others may take longer. If you have complex issues that must be handled in court, you can expect your divorce to take at least several months, if not longer than a year.
Who keeps the house in a Texas divorce?
In a Texas divorce, the house is considered community property if purchased during the marriage, meaning it must be divided fairly (which tends to result in a 50/50 split). The court may award the home to one spouse based on factors like child custody, financial stability, or separate property contributions, while the other spouse may receive compensation through other assets.
However, if both spouses are able to come to their own agreement, they can sell the home and split the proceeds or arrange a buyout where one spouse keeps the house and refinances the mortgage.
Can I get sole custody of our kids after a divorce?
Maybe, but probably not. Texas courts encourage joint custody arrangements because they are considered to be in the child’s best interests, and generally reserve sole custody for cases involving serious threats to the child’s safety or stability (such as those involving violence or abuse).
Do fathers always pay child support in Texas?
No. Texas child support guidelines are based on the custody arrangement and each parent’s income, so either parent could be ordered to pay child support.