FAMILY LAW
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What is a divorce?
A divorce is the legal termination of marriage. Texas is a no-fault divorce state, meaning that you can state grounds for a divorce such as adultery or abandonment, however, you can also be divorced for the no-fault grounds of conflict of personalities.
A divorce is the legal termination of marriage. Texas is a no-fault divorce state, meaning that you can state grounds for a divorce such as adultery or abandonment, however, you can also be divorced for the no-fault grounds of conflict of personalities.
What is a legal separation?
Texas does not recognize legal separation, however, it is possible to get a court order determining things like child support and visitation without getting divorced.
Texas does not recognize legal separation, however, it is possible to get a court order determining things like child support and visitation without getting divorced.
What is an annulment?
An annulment is a method of voiding the contract of marriage. If an annulment is granted, the result is that the parties are treated as if the marriage never occurred. An annulment can only be granted if the initial marriage contract suffers from a defect in the contract formation. Such defects include an underage party without parental consent, a party lacking the mental capacity to understand the marriage contract or fraud in the inducement of the marriage contract. The parties may also have to prove that the marriage was not consummated to get an annulment.
An annulment is a method of voiding the contract of marriage. If an annulment is granted, the result is that the parties are treated as if the marriage never occurred. An annulment can only be granted if the initial marriage contract suffers from a defect in the contract formation. Such defects include an underage party without parental consent, a party lacking the mental capacity to understand the marriage contract or fraud in the inducement of the marriage contract. The parties may also have to prove that the marriage was not consummated to get an annulment.
Do I need an attorney to file for divorce?
No. However, unless your divorce is agreed to, extremely uncomplicated, and does not involve children or division of substantial property or assets, then using the services of a family law attorney is generally a good idea.
No. However, unless your divorce is agreed to, extremely uncomplicated, and does not involve children or division of substantial property or assets, then using the services of a family law attorney is generally a good idea.
How long does it take to get a divorce?
The time required to obtain a divorce varies. Generally, a divorce takes anywhere from two months to over a year. In Texas, there is a waiting period of 60 days between the date a divorce petition is filed before a judge can grant a divorce.
The time required to obtain a divorce varies. Generally, a divorce takes anywhere from two months to over a year. In Texas, there is a waiting period of 60 days between the date a divorce petition is filed before a judge can grant a divorce.
How long do I have to wait to remarry after I am divorced?
Parties to a divorce may not remarry anyone except each other for 30 days after the decree is granted.
Parties to a divorce may not remarry anyone except each other for 30 days after the decree is granted.
Must I get divorced in court?
Yes, it is still necessary for a person who wants a divorce, to issue a citation against the other person containing the divorce petition and then to appear in court to give evidence (it is possible for the non-filing party to sign a waiver of citation rather than being served). If the case is not defended, the process is usually fairly quick and uncomplicated, particularly if there are no children and simple proprietary issues.
Yes, it is still necessary for a person who wants a divorce, to issue a citation against the other person containing the divorce petition and then to appear in court to give evidence (it is possible for the non-filing party to sign a waiver of citation rather than being served). If the case is not defended, the process is usually fairly quick and uncomplicated, particularly if there are no children and simple proprietary issues.
Can I still get divorced if I don’t know where to serve my spouse?
Yes, it is possible to serve a missing spouse by placing an advertisement containing the divorce petition in a local paper or having the petition posted at the courthouse if sufficient proof is presented to the judge that the whereabouts of that person are indeed unknown.
Yes, it is possible to serve a missing spouse by placing an advertisement containing the divorce petition in a local paper or having the petition posted at the courthouse if sufficient proof is presented to the judge that the whereabouts of that person are indeed unknown.
What is a common-law marriage?
A small minority of states, including Texas, allow the creation of marriage by common law. A common-law marriage is one in which there is no ceremony or marriage license. As in the above definition, parties must be capable of contracting and generally be of opposite gender. A common law marriage requires an actual agreement by the two people to act as husband and wife. The agreement may be by words or conduct. In addition, there must also be a “holding out” of the marital status and cohabitation. This means that the parties must represent themselves as married to others, such as using the same name, calling each other “husband” or “wife”, opening joint accounts or contracting joint debt, filing a joint tax return, etc. If there is a disagreement as to whether or not the parties are married, the person alleging that a marriage exists must prove the marriage by clear and convincing evidence.
A small minority of states, including Texas, allow the creation of marriage by common law. A common-law marriage is one in which there is no ceremony or marriage license. As in the above definition, parties must be capable of contracting and generally be of opposite gender. A common law marriage requires an actual agreement by the two people to act as husband and wife. The agreement may be by words or conduct. In addition, there must also be a “holding out” of the marital status and cohabitation. This means that the parties must represent themselves as married to others, such as using the same name, calling each other “husband” or “wife”, opening joint accounts or contracting joint debt, filing a joint tax return, etc. If there is a disagreement as to whether or not the parties are married, the person alleging that a marriage exists must prove the marriage by clear and convincing evidence.
Can I get Spousal Support/Alimony?
The Texas Legislature in 2011 enacted new laws related to spousal support which can allow a spouse that has children during a marriage to claim alimony for up to 10 years following divorce depending on the length of the marriage:
(1) 5 years if the parties were married less than 10 years and the maintenance is awarded due to family violence;
(2) 5 years if the parties were married more than 10 years, but less than 20 years.
(3) 7 years if the parties were married more than 20 years, but less than 30 years;
(4) 10 years if the parties were married for more than 30 years.
The amount of spousal support that can be awarded was also increased from $2500 to $5000 a month, or 20% of the paying party’s gross monthly income, whichever is less. There are a variety of factors that a judge will consider in determining whether or not to award any spousal support, and it recommended that you consult with an attorney to determine if those factors would apply to your particular case.
Can I still collect child support even if my former spouse lives in a different state?
Yes. Texas has passed an act that provides for interstate collection of child support. This act sets up the method for enforcement of support orders where the parties live in different states. Essentially, the party seeking enforcement files a petition in his or her home state. That petition is transmitted to the payor parent’s home state and he or she is brought into the court of that state and the court enforces support.
Yes. Texas has passed an act that provides for interstate collection of child support. This act sets up the method for enforcement of support orders where the parties live in different states. Essentially, the party seeking enforcement files a petition in his or her home state. That petition is transmitted to the payor parent’s home state and he or she is brought into the court of that state and the court enforces support.
Can my former spouse file for bankruptcy to avoid paying child support?
No. The federal bankruptcy code exempts child support and alimony. Even if a former spouse files for, and receives relief from all debts, the child support obligation will not be relieved.
No. The federal bankruptcy code exempts child support and alimony. Even if a former spouse files for, and receives relief from all debts, the child support obligation will not be relieved.
How is child support calculated?
Texas has “child support guidelines” that applies a percentage to the non-custodial parent’s net income. It is from this percentage that the child support is calculated. For one child the percentage is 20%, two it is 25%, and three it is 30%.
Texas has “child support guidelines” that applies a percentage to the non-custodial parent’s net income. It is from this percentage that the child support is calculated. For one child the percentage is 20%, two it is 25%, and three it is 30%.
What income is included in the calculation?
Child support is awarded based on reported wages of the payor, as demonstrated by income tax returns and pay stubs, including overtime and bonuses.
Child support is awarded based on reported wages of the payor, as demonstrated by income tax returns and pay stubs, including overtime and bonuses.
What can I do to enforce payment of child support?
There are many enforcement devices available in Texas. These include wage garnishments, making a negative report to credit reporting agencies, collecting past-due child support from lottery prizes won by the payor parent, intercepting tax refunds due the payor parent from the IRS, seizure of the non-paying parents property, obtaining a court order directing that the payor parent post cash deposit to secure payment of support, suspending state issued licenses such as driver’s license, obtaining a court order placing the defaulting parent on probation, and lastly, usually where other methods have all failed, obtaining a court order sentencing the defaulting parent to serve jail time.
There are many enforcement devices available in Texas. These include wage garnishments, making a negative report to credit reporting agencies, collecting past-due child support from lottery prizes won by the payor parent, intercepting tax refunds due the payor parent from the IRS, seizure of the non-paying parents property, obtaining a court order directing that the payor parent post cash deposit to secure payment of support, suspending state issued licenses such as driver’s license, obtaining a court order placing the defaulting parent on probation, and lastly, usually where other methods have all failed, obtaining a court order sentencing the defaulting parent to serve jail time.
Who has to pay child support?
In Texas, court orders will specify which party is responsible for payment, and it is generally the party that does not have the right to designate the residence of the child.
In Texas, court orders will specify which party is responsible for payment, and it is generally the party that does not have the right to designate the residence of the child.
What does joint conservatorship mean?
Texas law provides for a presumption of joint managing conservatorship, which means that each parent has equal rights to raise the child. The person having “custody” is the one who is given the right to determine the residence of the child, sometimes limited to the state of Texas, a single county, or a group of counties.
Texas law provides for a presumption of joint managing conservatorship, which means that each parent has equal rights to raise the child. The person having “custody” is the one who is given the right to determine the residence of the child, sometimes limited to the state of Texas, a single county, or a group of counties.
How is custody decided?
Courts will look at issues such as the involvement of each parent in raising the child, the type of residence and who lives at the residence, whether or not the child will have their own bed or bedroom, schools, daycare, criminal backgrounds of the parents, drug/alcohol/tobacco use by the parents, and many other issues.
Courts will look at issues such as the involvement of each parent in raising the child, the type of residence and who lives at the residence, whether or not the child will have their own bed or bedroom, schools, daycare, criminal backgrounds of the parents, drug/alcohol/tobacco use by the parents, and many other issues.
How old does a child have to be to decide who they want to live with?
The Texas Legislature recently removed the provision in the Family Code allowing a child to designate which parent they would like to live with. It is still possible to a judge to interview a child in the judge’s chambers with or without attorneys present for the purposes of the child providing input in helping a judge to make a custody determination.
The Texas Legislature recently removed the provision in the Family Code allowing a child to designate which parent they would like to live with. It is still possible to a judge to interview a child in the judge’s chambers with or without attorneys present for the purposes of the child providing input in helping a judge to make a custody determination.
When can custody be modified?
When there is either: a material and substantial change in circumstances; one year after the most recent court order; or in an emergency situation where the physical or emotional well-being of the child is in danger.
When there is either: a material and substantial change in circumstances; one year after the most recent court order; or in an emergency situation where the physical or emotional well-being of the child is in danger.
