FAQs

Frequently Asked Questions

After a divorce has been filed and both parties agree, it can take 60 days to be considered final. However, if there are issues or both parties cannot reach an agreement, it could take much longer than 60 days. In Texas, there is a 60-day waiting period before the divorce can be offficially filed.

The state of Texas will grant a divorce based on “marital fault”. At-fault conditions include the following:

  • Infidelity Or Adultery
  • Abandonment For A Year Or Longer
  • Abuse
  • Domestic Violence
  • Mental Incapacitation Or Cruelty
  • Felony Convictions
  • You may also choose to file a divorce where no one is at fault, called “no-fault”.

It depends. A 50/50 split of all assets is not required, and each party and their income, needs, children involved, and several other conditions are taken into account to determine a fair distribution of assets.

Usually, community property (assets obtained during marriage), including money and property, are divided equally. Keep in mind that debt accrued during the marriage is also typically divided equally.

Yes. Under Texas law, mothers who aren’t married are considered the automatic sole legal and physical custodians of an infant at birth. However, the father (even if unmarried) has the right to file for custody if the court can legally establish paternity.

Yes, but with an exception. Texas law states a child has a right to let the court know which parent he or she wishes to live with if he or she is 12 or older. However, it will still be up to the judge to determine what’s in the child’s best interests before deciding.

Yes, every case involving children needs a parenting plan. A parenting plan sets the rights and duties of a parent regarding the child. Some rights and duties include:

  • right to designate primary residence;
  • right to make decisions regarding the child’s health;
  • rights to make decisions regarding the child’s education;
  • duty to provide health insurance;
  • duty to provide child support and many others.
  • Texas Family Code Section 154.001 states that a court order may require the non-custodial parent to pay child support until the child reaches 18 or graduates from high school, whichever comes later. This is done solely for the benefit of the child and supports their needs.

    When calculating child support, the court will apply child support “Guidelines,” which are law-based. These Guidelines set a basic minimum amount of child support. But the court can deviate from these Guidelines after considering several factors such as income, current employment, etc.

    The Guidelines , are “presumed to be reasonable, and an order of support conforming to the guidelines is presumed to be in the best interest of the child.”

    Texas law provides the following Guideline calculations:

    • One Child= 20% Of Net Monthly Income
    • Two Children = 25% Of Net Monthly Income
    • Three Children = 30% Of Net Monthly Income
    • Four Children = 35% Of Net Monthly Income
    • Five Children = 40% Of Net Monthly Income
    • Six Children = No Less Than 40% Of Net Monthly Income
    • It's important to note that under Texas law, Guideline calculations are only applied to the first $8,550 of the obligor's Net Monthly Income regardless of how much the actual Net Monthly Income may be.

    It's important to note that under Texas law, Guideline calculations are applied to a select portion of the obligor's Net Monthly Income regardless of how much the actual Net Monthly Income may be. However, tthere is a cap under Texas law that limits teh total amount the obligator will be required to pay. Speak with an attorney to determine your specific amount.

    There is no correlation between support and custody. Child support refers to the financial support of a child for their benefit. Custody refers to the physical guardianship between a parent or guardian and the child. Typically, one parent has custody of the child or children in question, but occasionally custody is shared.

    If child support is owed to you, you can have an attorney file a Motion for Enforcement of Child Support. This can result in punishment for the other parent, such as jail time or covering court fees for the motion.

    If there is visitation order in effect that are not being followed, the court may look at several things, including:

    • The exact part of the court order that was violated
    • What the other parent did or failed to do
    • What you’re asking the court to do for you

    By filing a Motion to Enforce Visitation, you are asking them to hold the other parent responsible and enforce all or certain parts of the court order they previously agreed to.

    Yes. Because child support and visitation are viewed as separate issues by Texas law, a parent still has the right to visitation if it’s in a court order, even if they have fallen behind or refuse to pay child support.

    If you would like to enforce child support and get paid, your attorney can file a Motion for Enforcement of Child Support.

    A motion to clarify is NOT the same thing as a modification. In a clarification action, the court cannot change anything fundamental in the order. Choosing to clarify a term within a court-ordered agreement is only to make it more clear to both parties and does not result in a change of any sort.

    Every case is different. A family lawyer can assist with your particular case by giving you professional advice on what to do or what modifications to make. They can help break down your options and guide you through the process, keeping your goals and best interests in mind.

    In Texas, you need to file your case in the same county where the current order was made.

    If the child at the center of the case moved and has lived elsewhere for the past 6 months, talk to your attorney about making a motion to transfer and any other options available.

    Additional questions? Call (346) 703-1234