Frequently Asked Questions

A minimum of 60 days. Texas law requires that the couple wait a minimum of 60 days after the date the divorce petition is filed to finalize the divorce. How long any individual case takes to resolve depends on many factors. Some courts require a divorce case to go to trial fairly quickly, while other courts are content to let divorce cases languish for very long periods of time.

The cost depends on whether you and your spouse can reach an agreement regarding the property division and children, how long the case has to be litigated before that agreement is reached, whether temporary orders are necessary, whether a trial is necessary, whether discovery is conducted, and how reasonable your spouse and your spouse’s attorney are (or are not) throughout the process.

Short answer: to make sure they get paid.  Lawyers practice law because they like the challenge and because they need to make a living.  Like you, they have bills to pay, and they go to work to trade their time and expertise for compensation.  They also have employees and office overhead.  The retainer ensures that the attorney is compensated for his or her efforts.

Yes, grandparents do have rights in family law cases in Texas, but these rights are limited and specific. Texas law allows grandparents to seek visitation or even custody under certain circumstances, particularly when it is in the best interest of the child. For visitation, a grandparent may petition the court if the child’s parents are divorced, if one parent has abused or neglected the child, if one parent is incarcerated, or if the child has lived with the grandparent for at least six months.

However, it’s important to note that the courts generally prioritize the rights of the parents and will only grant grandparents visitation or custody if there is a significant reason to do so. For instance, if the grandparent can demonstrate that the child’s current living situation is harmful, or that denying visitation would significantly impair the child’s physical or emotional well-being, the court may intervene. Each case is unique, so it’s advisable for grandparents to consult with a family law attorney to understand their specific rights and the best course of action in their situation.

For more information, read our blog article on Grandparents’ rights in Family Law Cases.

To modify the amount of child support (either  an increase or decrease in the amount ordered), one of two things must be proven in court: either (a) you show that the circumstances of the child or a person affected by the order have materially and substantially changed since the date the order was signed; or (b) it has been three years since the order was signed and the monthly amount of the child support award under the order differs by either 20 percent or $100 from the amount that would be awarded in accordance with the child support guidelines. Most cases will fall under the three-year category, so the question of whether child support can be modified becomes primarily a question of math.

In Texas, a child does not have the absolute right to decide with whom he or she wants to live. However, once a child reaches the age of 12, the court may consider the child’s preference as a factor in determining custody arrangements. This does not mean that the child’s choice is the final decision, but rather, it is one of many factors the judge will take into account when making a custody decision. The court’s primary concern is always the best interest of the child, and the judge will evaluate the child’s preference alongside other important considerations, such as the child’s emotional and physical needs, the stability of each parent’s home, and the relationship between the child and each parent.

It’s important for parents and children to understand that while a child’s opinion is valued, the court has the ultimate authority to decide custody based on what is deemed to be in the child’s best interests. In some cases, the court may also appoint a child custody evaluator or a guardian ad litem to provide additional insight into what living arrangement would be most beneficial for the child.

There are two ways people can form a common law marriage in Texas:

1. they sign a Declaration of Marriage under section 2.402 of the Family Code (this is fairly rare); or
2. the man and woman agreed to be married and after the agreement they lived together in this state as husband and wife and represented to others that they were married.

If you are married pursuant to common law and no longer wish to be married to your common law spouse, you will need a divorce. If a divorce from a common law marriage is not brought within two years after the parties separate, then there is a rebuttable presumption that there was no common law marriage. Note that the presumption is rebuttable, which effectively creates an informal but not an absolute statute of limitations for common law marriages.

Ending a Common-Law Marriage

Even though some states recognize common-law marriage, there is no common-law divorce those states. If a couple married at common-law wishes to terminate their marriage, they must do more than stop living as husband and wife to consider the marriage over. The marriage may not end the same way it was created, instead, there must be a formal procedure and legal process. In most states, the termination of a legal “ceremonial” marriage and a common-law marriage are the same. Parties must file a complaint with the court to terminate their marriage; forms may be for divorce, dissolution of marriage or annulment depending on the state law and the situation. The specific requirements vary by jurisdiction and are contained in state statute. The divorce complaint may also include provisions for distribution of property or assets, spousal maintenance or alimony and custody. It is important to speak to an attorney in your jurisdiction to learn more about the laws regarding common-law marriage and termination of common-law marriage in your state.

Collaborative Family Law is a legal approach designed to resolve family disputes, such as divorce or child custody, outside of the courtroom. In this process, both parties agree to work together with their attorneys and other professionals, such as financial advisors or child specialists, to negotiate a mutually acceptable settlement. The goal is to reach an agreement that meets the needs of all involved, particularly the children, without the stress and adversarial nature of traditional litigation.

One of the key features of Collaborative Family Law is the commitment of both parties to transparency and open communication. All participants agree to share relevant information and work cooperatively toward a solution. If the collaborative process breaks down and either party decides to pursue litigation, the collaborative attorneys must withdraw from the case, which encourages all parties to stay committed to finding a resolution through collaboration. This approach often results in a more amicable settlement and can be less time-consuming and costly compared to going to court.

Children have most, but not all, of the same rights as adults. Rights that are often at issue are the rights of minors in delinquency proceedings, due process rights in schools and privacy rights. A minor child is more vulnerable than an adult, and it is important that children have rights to protect them. In order to have protections and safeguards, it is necessary to limit some rights that adults may have in the same or similar situations. Some rights that may be limited are privacy rights and the rights of a minor child in school. Children must also be protected in the court system, such as delinquency proceedings. It is often difficult or impossible for minors to advocate for their own rights in a legal context. For this reason, advocates may be appointed by the courts to ensure that children’s rights are protected and their best interests are being looked out for.

Pet custody refers to the legal consideration of who retains ownership and care of a pet when a couple separates or divorces. Unlike children, pets are generally considered property under Texas law, meaning that they are subject to division just like any other asset during a divorce. However, as pets are often treated as beloved family members, disputes over pet custody can become quite emotional. Courts will typically determine pet custody based on factors such as who originally purchased the pet, who has primarily cared for the pet, and what living situation is in the best interest of the pet.

In some cases, couples may reach an agreement on shared custody or visitation arrangements for the pet, although this is not a standard legal practice and is usually decided outside of court. It’s advisable for pet owners to work with their attorneys to negotiate a fair arrangement that considers the well-being of the pet and the wishes of both parties.