Texas Family Law FAQs
Frequently Asked Questions We Hear
Divorce, custody, mediation, child support, and property division can feel overwhelming when you are trying to separate fact from misinformation.
At De Ford Law Firm, we believe informed clients are empowered clients. These answers are designed to help you understand common Texas family law issues and know when it may be time to speak with an attorney.
Custody
Mediation
Property Division
Helpful Videos
Watch these short videos for additional guidance as you think through divorce, custody, mediation, and family law decisions.
Divorce Questions
Do I have to go to court to get divorced in Texas?
No. Not all Texas divorces require a trial. If both spouses can agree on issues such as custody, support, property division, and other terms, the divorce may be resolved as an uncontested divorce. In many cases, this agreement is reached through negotiation or mediation.
You may still need a brief court appearance near the end of the case so a judge can review and sign the final divorce decree, but that is different from a contested trial.
How do you file for divorce in Texas?
The divorce process begins by filing an Original Petition for Divorce with the district clerk in the county where you live. For general court information, you may also review the Texas Judicial Branch self-help resources.
How long will my divorce take?
Every divorce is different. Texas has a minimum 60-day waiting period before a divorce can be finalized, but contested or litigated divorces often take longer than mediated or agreed divorces.
What if I want a divorce but my spouse does not?
Texas allows no-fault divorce, which means your spouse does not have to agree before you can start the process. If you are concerned about retaliation, pressure, or conflict after filing, it is wise to speak with a Texas divorce attorney before taking the next step.
Custody and Conservatorship Questions
Can I get sole custody in Texas?
Texas courts focus on the child’s best interests. In many cases, courts presume that joint custody is appropriate. However, sole custody may be more likely when there are serious concerns such as family violence, substance abuse, neglect, instability, or an inability to provide a safe environment.
Our Texas custody attorneys can help you understand your options and whether sole custody may be appropriate in your situation.
What is the difference between joint managing conservatorship and sole managing conservatorship in Texas?
Joint managing conservatorship means both parents share certain decision-making responsibilities for the child. Sole managing conservatorship means one parent has primary decision-making authority, although the other parent may still have visitation or possession rights. You can review the statutory language in Texas Family Code Chapter 153.
Can I modify my child custody agreement in Texas?
Yes. Texas law allows custody modifications when there has been a significant change in circumstances since the original order. This may involve changes in the child’s needs, a parent’s living situation, or other important issues affecting the child’s well-being.
Because courts are careful about changes that affect children, custody modifications should be approached strategically. You may also find this related resource helpful: parenting plan tweaks as kids get older.
Mediation Questions
Is mediation similar to court?
No. Mediation is a private dispute resolution process where a neutral mediator helps both parties negotiate toward an agreement. Unlike court, mediation is not public, formal, or adversarial in the same way a trial can be.
The mediator does not issue judgments, impose settlements, or provide legal advice. You may still have an attorney present to protect your rights and help you evaluate proposed agreements.
Is a mediator like a lawyer?
No. A mediator is a neutral third party. The mediator does not represent either side and does not have a duty to advocate for your individual interests. An attorney can attend mediation with you to provide legal guidance, protect your rights, and help you understand the impact of any proposed agreement.
Support and Property Questions
Who will get to keep the house?
Texas is a community property state, which means marital property is divided in a way the court considers just and right. That does not always mean an exact 50/50 split.
Whether keeping the house makes sense depends on finances, the custody arrangement, mortgage obligations, equity, and long-term stability. If spouses cannot agree, a judge will decide based on the facts of the case.
Is there alimony in Texas?
Texas has post-divorce support, often called spousal maintenance. It is not automatic. A spouse must meet specific eligibility requirements before support may be ordered.
- The other spouse committed family violence.
- The spouse seeking support cannot earn enough income for basic needs because of a physical or mental disability.
- The marriage lasted ten years or longer, and the spouse seeking support cannot earn enough income for basic needs.
- The spouse seeking support has custody of a child of the marriage who requires special care due to a mental or physical disability.
For questions involving child support, visit our child support services page. For broader Texas legal research, the Texas State Law Library is also a useful public resource.
Upcoming Events and Educational Opportunities
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Talk Through Your Questions With a Texas Attorney
Online information can help you understand the basics, but your next step should be based on your facts, your family, and your goals. Learn more about De Ford Law Firm on our About page, or contact us to discuss your situation directly.
Get Clear Guidance Before You Make Your Next Move
Whether you are facing divorce, custody concerns, mediation, support, or property questions, De Ford Law Firm can help you understand your options.