Ask a Family Law Attorney

Where Will My Divorce Case be Filed?

Texas law requires that you have been a domiciliary of Texas for 6 months and a resident of the county for 90 days before you file for a divorce.  You may consider consulting with or working with a family law o divorce attorney who practices regularly in the county where you will be filing for divorce since that attorney will likely be more familiar and experienced with the specific courts in that county as well as local rules and procedures.

What Will Happen to My Finances?

Unless you have a premarital or marital agreement, all income earned during the marriage by either spouse is considered community property or belongs to both spouses in Texas, regardless of which spouse actually earned the income or whose account the income was deposited into.  This includes all retirement income as well as income earned from stocks and rental properties.  Unlike other states, Texas does not have alimony and regular payments made after divorce is finalized for a limited time period, otherwise known as spousal maintenance, is not guaranteed.

How do I Prepare for a Divorce?

While there are many aspects of a family law case that are beyond your control, preparation is key to effectively communicate your goals and expectations to your divorce attorney.  Gather or organize as much evidence as possible, such as documents, financial account statements, text messages, screenshots, social media messages, or photographs, that will help prove up what you are asking for either in hard copies or digital format… READ MORE >>

How do I Choose the “Right” Divorce, Child support, or Child Custody Attorney?

You should choose an attorney who will listen to what you have to say, will give you honest advice instead of telling you what you want to hear, has experience in Family Law, and, in particular, someone that you can trust.  An aggressive “bulldog” attorney who does not understand what you are going through can cause unnecessary damage to your personal relationships as well as drain your finances.  Ultimately, you should choose an attorney who is the right fit for you – not necessarily the most expensive attorney or the one who will take it for the lowest fee, but the attorney that you feel most comfortable with who can help you through this difficult transition.

How Much Does a Divorce Cost in Texas?

Most reputable family law attorneys require a retainer to be paid up front before providing legal services.  A retainer fee is an advance payment for future services to be rendered, similar to a down payment that will cover the initial expenses of starting the work… READ MORE >>

How do I get Child Custody in Texas?

Instead of using the term “custody”, the laws under the Texas Family Code refers to parenting plans composed of “conservatorship”, “possession and access” and “support”… READ MORE >>

What is Mediation in Family Law?

Usually required before trial, mediation is when a neutral, third-party mediator guides parties to an agreement; however, mediators are not obligated to ensure that the agreement is fair and equitable to both parties and cannot represent either party’s interests.  A party is not obligated to settle, turn over any documents, or become agreeable or cooperative at mediation.

Except in cases involving family violence, reaching agreements between parties through mediation is preferable as it allows the parties to retain control over major decisions in their own case.

Can I Represent Myself in a Divorce?

Known as “pro se” litigants, parties who choose to represent themselves are held to the same standards that an attorney is held to.  While you have a right to represent yourself, any mistakes in understanding the law and procedure will be held against you regardless of a lack in legal background, experience, and training.

What is Fair in Divorce?

Divorce impacts what matters to you the most, touching on everything from your family relationships to your financial security.  But, beyond the legalese, stress, and emotions involved, a divorce is simply a division of properties accumulated during marriage and, if there are children of the marriage, a parenting plan. READ MORE >>

What are Child Support Guidelines in Texas?

The application of child support guidelines is presumed to be in the best interest of the child under Chapter 154, Subchapter C of the Texas Family Code. In considering whether the application of the Child Support Guidelines would be unjust or inappropriate, the court considers: READ MORE >>

What Income Does the Court Consider in Calculating Child Support?

The court considers the following resources to determine the net income for child support calculations under Section 154.062 of the Texas Family Code: READ MORE >>

Is the Texas Child Support Cap for Everyone?

Texas presumes a cap on the amount of child support based on the payer’s net income each month under the Child Support Guidelines of the Texas Family Code. This presumption can be rebutted based on the income of the parties and the proven needs of the child. For example, the court may not apply Child Support Guidelines if doing so would be unjust or inappropriate under the circumstances (such as a disabled child who requires specialized care). 

How Does the Child Support Cap Affect Me?

This will depend on the amount of the payer’s net monthly income. If the payor’s net monthly income is $9,200 or more, his or her child support obligation may be eligible for an increase, and a modification action may be imminent.  A payer’s current support obligation will not automatically increase until the court enters an order modifying the child support obligation. The new Child Support Guidelines cap applies to any cases finalized on or after September 1, 2019, including any new modifications and custody disputes.

Income Decreased Due to the COVID-19 Epidemic – What Will Happen to My Child Support?

If there has been a “material and substantial change” in circumstances, the court may modify or change the child support at any time; in addition to considering numerous other factors, the court will examine whether there are intentional unemployment or underemployment and the proven needs of the child.

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