Below we’ve compiled a list of some of the most commonly asked questions about family law. If you don’t see the information you’re looking for, we encourage you to reach out to De Ford Law Firm today to book your free initial case evaluation!
Do I have to go to court to get divorced in Texas?
No, not all divorces in Texas require going to court. Only contested divorces, where the spouses cannot agree on key issues (such as custody, alimony, property division, etc.), require court intervention. If you can both come to an agreement on these matters – which often occurs through mediation or negotiation, but not always – you can achieve an uncontested divorce. In this case, you may only need to appear in court in the final stages for the judge to review and sign the final divorce decree. This is generally a brief appearance and is not a trial.
Is mediation similar to court?
No, mediation is not similar to court. It is a form of alternative dispute resolution that involves a neutral third-party mediator to help both parties negotiate and reach an agreement. The mediator cannot issue judgments, impose settlements, or provide legal advice. Unlike court, which is formal, public, and adversarial, mediation is a private, collaborative process aimed at resolving conflicts amicably. While the mediator guides the discussion, you are still entitled to have an attorney present to ensure your rights and interests are protected during the mediation process.
Can I get sole custody in Texas?
Texas courts prioritize the child’s best interests in custody cases, which in most situations, is presumed to be joint custody. However, if one parent has a history of violence, substance abuse, neglect, or cannot provide a stable environment for the child, it is more likely to grant sole custody to one parent. Our Texas custody attorneys can help you understand your options for securing custody – book your free case evaluation today.
What is the difference between joint managing conservatorship and sole managing conservatorship in Texas?
In Texas, joint managing conservatorship (JMC) means that both parents share decision-making responsibilities regarding their child’s upbringing, while sole managing conservatorship (SMC) means that one parent has full decision-making authority, although both parents may share visitation.
Can I modify my child custody agreement in Texas?
Yes, Texas law allows for custody modifications if there has been a significant change in circumstances since the original order. This could include changes in the child’s needs, a parent’s living situation, or other important factors that affect the child’s well-being. However, this is a very complex process and the courts are very strict when it comes to changes that will impact a child. If you’re seeking a modification, it’s best to contact our experienced Texas custody attorneys to book a free case evaluation and learn more about how we can help.
How do you file for divorce in Texas?
The divorce process is initiated by filing a document called the Original Petition for Divorce with the district clerk in the county where you live.
How long will my divorce take?
Each case is different, so the timeline of your divorce will vary depending on a number of factors. However, the minimum waiting period for a divorce in Texas is 60 days from the time you file before it can be finalized. Generally, a litigated divorce will take longer than a mediated divorce.
Who will get to keep the house?
Texas is a community property state, which means marital property is generally split fairly evenly upon divorce (although this does not always mean the split will be 50/50). A lot of factors go into whether trying to keep the house is right for you. If you and your spouse cannot agree on who keeps your home, a judge will make the final decision based on each of your financial resources, the custody arrangement, and more.
Is there alimony in Texas?
In Texas, there is only one type of post-divorce support, otherwise known as spousal support, which is a temporary amount of money one spouse will pay to the other over a certain amount of time, either during the divorce or once the divorce is final. For a spouse to receive support, they must qualify for eligibility depending on a few scenarios, including:
- The other spouse committed family violence.
- The support-seeking spouse cannot earn sufficient income for basic needs because of a physical or mental disability.
- The couple was married for ten years or longer, and the support-seeking spouse cannot earn sufficient income for basic needs.
- The support-seeking spouse has custody of a child of the marriage who requires special care due to a mental or physical disability, which prevents the custodial spouse from earning sufficient income for basic needs.
What if I want a divorce but my spouse does not?
Because Texas offers a no-fault divorce option, your spouse does not have to consent to you initiating the divorce process. If you’re concerned that your spouse may try to retaliate against you in any way if you file for divorce, contact our Texas divorce lawyers as soon as possible.
Is a mediator like a lawyer?
No, a mediator is a neutral third-party that cannot offer legal advice and has no obligation to advocate for your individual interests. However, you have a right to have an attorney present during mediation to protect your rights and advocate for your interests.