Family Law

Texas has a waiting period after the petition is filed before a divorce can normally be finalised, with limited exceptions. An agreed divorce may finish shortly after that period. A contested case involving children, a business, or disputed property commonly takes many months longer.

No. Texas allows no-fault divorce on the ground of insupportability, meaning the marriage has become unworkable. Fault grounds such as adultery or cruelty exist and can sometimes affect property division, but you do not have to prove wrongdoing to get divorced.

Texas is a community property state. Property acquired during the marriage is generally community property and is divided in a manner the court considers just and right, which does not always mean exactly fifty-fifty. Property owned before marriage, or received by gift or inheritance, is generally separate property.

Texas courts talk about conservatorship and possession rather than custody. Courts start from the presumption that both parents being involved serves the child, and decisions are guided by the best interest of the child. Mothers are not automatically favoured.

Child support is calculated using statutory guidelines applied to the paying parent’s net resources, adjusted for the number of children being supported. Courts can vary from the guidelines where the circumstances justify it. If income is unclear or under-reported, that becomes part of the case.

Not necessarily, but a child’s preference can be considered, and older children’s wishes carry more weight. A preference is one factor among many, not a decision the child gets to make.

Yes. Orders on custody, possession, and support can be modified when there has been a material and substantial change in circumstances, or under other conditions set by statute. Informal agreements between parents are not enforceable, so changes should be put into an order.

Support and possession are separate obligations. A parent cannot withhold the children because support was not paid, and cannot stop paying because visitation was refused. Both are enforced through the court, and self-help usually damages your position.

Texas does not recognise legal separation as a status. Couples who are living apart can still address property, support, and children through temporary orders or a suit affecting the parent-child relationship.

Not always. Many family cases resolve by agreement or mediation, and most courts encourage it. Mediation is usually faster, less expensive, and gives you far more control over the outcome than leaving the decision to a judge.