Houston Chapter 7, 11 & 13 Bankruptcy Lawyers

Katy Bankruptcy Attorneys also helping on Contested & Uncontested Divorce

How do I get a divorce and how long does a divorce take?

A party must file a petition with the court to initiate divorce proceedings.  Texas has a 60-day statutory waiting period, after a divorce petition is filed, before a party can finalize a divorce.  A court must grant a divorce for it to be official, even if the parties reach an agreement out of court.  If the spouses reach an agreement, they must have it in writing, have all parties sign, get court approval, and have the judge sign the agreement.  A divorce can take a varying length of time depending on the issues at stake and how quickly the parties come to an understanding.

Will I have to give money to my spouse after the divorce?

If a divorce leaves an ex-spouse with little income, and the other ex-spouse would have the ability to contribute to that ex-spouse, a court may order a form of spousal maintenance.  Texas law regarding spousal maintenance is somewhat complex; to see the statute governing spousal maintenance, please see Texas Family Code Section 8.051. In general, Texas courts allow for spousal maintenance under certain conditions:

• During the trial, the court might require temporary spousal maintenance until the divorce decree.
• If the marriage lasted at least ten years, the court will allow spousal maintenance for a period up to three years, if the spouse seeking support does not have sufficient property to provide for his or her own minimum needs.
• An exception exists if the spouse from whom maintenance is requested has been convicted of a crime that constitutes family violence within the past two years of when the suit for dissolution was filed, or while the suit for dissolution is ongoing.

It is strongly recommended that you pursue the advice of a family law lawyer to understand your possible monetary obligations during and following a divorce.

How is property divided after divorce?

Texas is a community property state. Generally, all property acquired during the marriage will be divided equally between the spouses, except property acquired by a spouse by gift or devise.  You should consult a family law lawyer to more fully understand the division of your property, since property may not be divided equally depending on how it was paid for and the type of property.

What is a Pre-Nuptial agreement or a Post-Nuptial agreement?

A pre-nuptial agreement is drafted before a marriage.  A post-nuptial agreement is formed any time after a divorce.  Both types of agreements dictate the distribution of property, assets, and debt at the time of divorce.  It is strongly recommended that you obtain the advice of an experienced family law lawyer to assist in the drafting of any type of nuptial agreement to ensure that your legal rights and interests are protected.

How is child support determined?

In Texas, child support is a percentage of the non-custodial parent's net resources.

• 20% of net resources for one child
• 25% for two children
• 30% for three children
• 35% for four children
• 40% for five children
• No less than 40% for six or more children (not to exceed certain maximum limits)

How is child custody determined?

Texas courts prefer to name divorcing parents joint managing conservators.  Under this arrangement, one parent is awarded primary physical custody.  The other parent is then often required to pay child support.  Both parents then share certain rights, like the power to consult school officials and doctors. Visitation schedules will then often be arranged for the parent that does not have physical custody.  Overall, we highly recommend that you seek the assistance of a family law attorney, so that you can decide how best to assert your child custody rights.

What can a court do about domestic violence?

A court can issue a protective order or restraining order to protect the victims of family violence.  Such orders can be issued even against individuals not residing in the same location as the victim.  If an order is issued and the order is violated, the local law enforcement agency can enforce the order.  Enforcement could result in the offender facing contempt of court charges and possibly more serious, felony charges.

How is paternity established?

Paternity is typically established by the parties agreeing to a DNA test.  Alternatively, the parties can simply establish an agreement on the child's paternity.

In Texas, the husband of the mother of a child conceived during a marriage is presumed to be the legal and actual father.  Another man can bring a paternity suit to demonstrate that he is the biological father, to establish paternity and ensure his parental rights.  The husband could also challenge the paternity of a child born during marriage, to prove that the conceived child is not his own.