Bellaire Family Lawyers Helping Clients & Providing Legal Advice Throughout Harris County

Frequently Asked Questions

• How Long Will It Take to Get a Divorce in Texas?

  The timeline for a divorce varies depending on several factors such as whether the parties agree on all aspects of the divorce or if the case goes to trial, but on average a divorce will go through a 60-day waiting period before a court is set to grant the divorce.

• What is a No-Fault Divorce?

  It is a reason presented by either spouse to end the divorce claiming insupportability; i.e., the conflict in personalities has made the marriage insupportable with no expectation of reconciliation. Both sides no longer like each other and do not wish to live together as husband and wife.

• What Are the Grounds for a Fault Divorce in Texas?

  Adultery, unusual and cruel treatment, a felony conviction, abandonment, confinement to a mental hospital, or having lived apart for more than three years are a few grounds for a fault divorce. The spouse at fault for the divorce might receive less favorable treatment from the court regarding property and debt division.

• How Can a Divorce Agreement Be Modified?

  If your circumstances change and the terms of your final divorce and/or child custody and support orders are no longer favorable, you may initiate a petition for modification with the court. Consulting a family law attorney before taking this step is recommended, as courts are often hesitant to make changes to final divorce orders if the petitioner cannot demonstrate the changes are in the child’s best interest.

• Is Texas a Community Property State?

  Yes. In Texas, any property acquired by either spouse during the course of a marriage is considered community property and will be equally divided between spouses in the event of a divorce. The exception to that is any property acquired before the marriage, and property acquired during the marriage through a gift to only one of the spouses or through an inheritance.

• Who Gets to Keep the House After the Divorce?

  A house acquired during the marriage is considered community property. A judge will consider several factors in deciding which spouse gets to keep the house. The spouse that does not get the house will either be bought out or receive assets valued equivalently to their share of the home. If the home was purchased by one of the spouses before the marriage, it will likely be considered separate property and be awarded to its original owner.

• How is Child Support Determined in Texas?

  Child support is calculated based on how many children the couple has and the equivalent percentage of the payor’s net income that will be allocated for support. For one child, the percentage of net income that goes towards child support is 20%, up to at least 40% for couples with six or more children.

• Does Texas Have Alimony?

  Texas does have alimony, also referred to as spousal support. However, alimony is not a part of every divorce in the state, and those seeking to receive spousal support payments must meet the minimum requirements to be eligible to receive payments. Those requirements include demonstrating that receiving alimony is necessary for that spouse to satisfy their basic needs, as well as lacking the ability to earn their own income due to reasons such as mental or physical disability, being a caretaker of a child with a disability that prevents that spouse from earning an income, or when the supporting spouse was convicted of an act of domestic violence within two years of filing for divorce.

• How Does Child Custody Work in Texas?

  Child custody is one of the most contested aspects of a divorce, but in general terms, courts will make decisions based on the child’s best interest. Texas courts tend to give preference to joint custody agreements so that the child can continue his or her relationship with both parents. In this arrangement, the child lives with one parent and the other parent has a visitation schedule, while both parents share decision-making powers in raising the child.

• Can I Represent Myself in a Family Law Case?

  While you can certainly choose to represent yourself in a family law case, you may find such a task ends up becoming overwhelming and may potentially lead to costly mistakes. It is highly recommended that you seek the help of an experienced family law attorney if you would like to expand your chances of securing a favorable outcome for your case.