Family Law Questions
Read below to get answers to common questions about divorce, child custody, or division of assets.
Frequently Asked Questions About Family Law in Texas
In Texas, a divorce may be granted on the grounds of:
- Non-support (a “no-fault” basis, or “irreconcilable differences” in other states)
- Cruelty
- Adultery
- Conviction of a felony
- Abandonment (requires intention to abandon and at least 1 year of separation)
- Living apart for at least three years
- Confinement in a mental hospital
Texas is a community property state, which means that property acquired during the marriage is generally divided equally between the spouses in a divorce.
In making a property division, the court will consider factors such as the length of the marriage, the age and health of the parties, their earning capacity and financial needs, and any fault in the breakup of the marriage. Additionally, the parties may be able to reach their own agreement regarding the division of their assets through negotiation or mediation.
Therefore, while a 50/50 division of assets may be appropriate in some cases, it is not a guarantee in every divorce case. It is recommended to seek the advice of a qualified family law attorney to determine what property division may be fair and equitable in your case.
Separate Property refers to property that is owned by one spouse and is not subject to division in a divorce. Separate property remains the sole property of the spouse who owns it. Separate property in Texas can include:
- Property that was owned by one spouse before the marriage
- Property that was received as a gift or inheritance by one spouse during the marriage
- Property that was purchased with separate property funds
- Recoveries for personal injuries that were awarded to one spouse
It is important to note that the characterization of property as separate or community can be a complex issue, and it is often subject to dispute in divorce cases. It is recommended to seek the advice of a qualified family law attorney to determine what property may be considered separate in your case.
If both parties agree in writing, or by order of the court, the court may refer a divorce case to mediation. In many Texas counties, mediation is mandatory for any divorce case that involves child custody issues. Even in cases where mediation is not required, parties are encouraged to try mediation as a way to resolve any disputes and reach a mutually acceptable agreement outside of court.
The length of time it takes to get a divorce in Texas can vary depending on the complexity of the case and the level of conflict between the parties. In general, an uncontested divorce can take as little as 60 days, while a contested divorce may take several months or even years.
While we can’t guarantee that your divorce will be over quickly, we can guarantee that the team at the Law Office of Brad Medland will do everything in our power to make the process efficient and keep you apprised of any updates. We’ll always be reachable by phone call or email, anytime you have a question or want to know more about your case status.
In Texas, there is a mandatory 60-day waiting period from the date the divorce petition is filed before the divorce can be finalized. This waiting period gives the parties time to resolve any outstanding issues, such as property division, child custody, and child or spousal support before the divorce becomes final. However, in some cases, such as those involving domestic violence, the waiting period may be waived by the court.
While it is possible to represent yourself in a divorce case in Texas, it is generally recommended to seek the guidance and representation of an experienced divorce attorney to ensure your rights and interests are protected throughout the process.
Child custody in Texas is determined based on the best interests of the child, with factors such as the child’s emotional and physical needs, the ability of each parent to provide for the child, and the child’s relationship with each parent considered.
The types of custody in Texas include physical custody, which refers to where the child lives, and legal custody, which refers to the right to make decisions about the child’s upbringing.
Joint custody in Texas refers to a custody arrangement where both parents share physical and legal custody of the child.
Child custody orders in Texas may be modified if there has been a material and substantial change in circumstances since the original order was entered.
Grandparents may seek custody of their grandchildren in Texas under certain circumstances, such as when the child’s parents are deceased, divorced, or found to be unfit.
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