When your family is changing – due to divorce, or a custody modification, or adoption – it can be really overwhelming, and you may have a lot of questions about what comes next! Knowledge is power, and the more you know about your rights and options, and about how the family law system works, the more empowered you will be to make the right decisions for your future.
At Ilarraza Law, we are intimately familiar with family law issues because they are all we focus on, and we have over 27 years of combined experience. Our lead attorney, Jennifer Ilarraza, is also board-certified in family law by the Texas Board of Legal Specialization. This makes her an expert – only 1% of attorneys are granted this distinction! Our knowledge can be your advantage.
We put this FAQ page together with some of the most commonly asked questions we encounter from our clients about divorce, custody, adoption, and everything in between to help you feel a little more informed and a lot less overwhelmed. However, it’s important that you realize that every family and every situation is completely unique! For personalized guidance tailored to your specific situation, we are here to offer clear, honest, and effective legal support. Book your free consultation to take the next step!
How does property division work in a Texas divorce?
Texas is a community property state, meaning that any property acquired during the marriage is considered jointly owned by both spouses. At the time of divorce, the court will divide the property in a fair and equitable manner, though not necessarily equally. Separate property, such as assets owned prior to the marriage or gifts and inheritances received during the marriage, will remain with the spouse who owns it.
Property division can become complicated if there are high-value assets, business interests, or disputes over what is considered separate versus community property. A skilled family law attorney can help ensure a fair division of assets and protect your financial interests.
Can I change my child custody or support arrangement in Texas?
If there’s been a significant change in circumstances—like a parent moving, changes in the child’s needs, or a change in income—you may be able to modify your custody or child support agreement. In Texas, at least 12 months must have passed since the last order before you can request a modification. You’ll need to prove that the change is in the best interests of the child, and a hearing may be required. A family law attorney can guide you through the modification process.
How do I file for divorce in Texas?
Filing for divorce in Texas starts with submitting an “Original Petition for Divorce” in the county where either you or your spouse has lived for at least 90 days. One of you must also have lived in Texas for at least six months. After filing, your spouse is served with divorce papers and given time to respond. Texas has a mandatory 60-day waiting period before a divorce can be finalized, even if both parties agree on everything. If there are disagreements over things like custody or property, the process can take longer and may require mediation or court hearings.
How is child custody decided in Texas?
In Texas, child custody is referred to as “conservatorship.” The court’s main goal is to protect the best interests of the child, which usually means encouraging frequent and continuing contact with both parents unless there’s a valid reason not to.
Conservatorship can be joint (shared decision-making) or sole (one parent makes the big decisions). The court also establishes a possession schedule—who gets time with the child and when. Your work schedule, the child’s needs, and the ability to co-parent all factor into the final decision.
How is child support calculated in Texas?
Texas uses a guideline formula based on the paying parent’s monthly net income and the number of children needing support. For example, one child typically equals 20% of the net income, two children equals 25%, and so on. However, these percentages may be adjusted based on factors like healthcare expenses, education needs, or if the child has special needs. It’s important to get an accurate picture of income, especially if one parent is self-employed or has fluctuating earnings.
What happens if my ex isn’t following our custody order?
If your ex is violating a court-ordered custody or visitation agreement, you have legal options in Texas. You can file a motion to enforce the order, and the court may impose penalties such as fines, make-up parenting time, or even jail time in serious cases. It’s important to keep detailed records of each violation—missed pickups, denied visits, communication issues, etc.—to present in court. You shouldn’t have to go through it alone, and our experienced and compassionate custody attorneys can help you take the right next step.
Do I need a lawyer for my divorce or custody case in Texas?
While it’s possible to represent yourself in a Texas family law case, it’s not always wise—especially if your situation involves children, property, or disagreements. Texas laws can be complex, and small mistakes can lead to big consequences down the road. A family law attorney can help you protect your rights, understand your options, and make sure nothing slips through the cracks. Whether you’re just starting the process or things have already gotten complicated, legal guidance can make all the difference.
Can I get a divorce without my spouse’s consent in Texas?
Yes, you can file for divorce in Texas even if your spouse does not consent. Texas follows a no-fault divorce system, meaning you do not need your spouse’s agreement to proceed with the divorce. If your spouse refuses to participate, the court can still grant a divorce based on irreconcilable differences. However, it’s important to follow the legal process carefully, and having an experienced attorney can help ensure your interests are properly represented, even if your spouse is not cooperative.
Can I prevent my spouse from seeing our children if I believe they are a danger?
If you believe your spouse poses a danger to your children, you may be able to request a modification of the custody arrangement or obtain a protective order. Texas law allows for the suspension of visitation if there is evidence that the other parent’s behavior poses a risk to the child’s safety and well-being. This may include physical abuse, neglect, or substance abuse. The court will evaluate the evidence and make decisions based on the best interests of the child. It is crucial to work with an attorney to protect your children and ensure that your concerns are properly addressed in court.
Can I get a divorce in Texas if I don’t know where my spouse is?
Yes, you can still get a divorce even if your spouse cannot be located. Texas law allows for what’s called “service by publication,” but only after you’ve made a diligent and documented effort to find them. This includes checking with known relatives, searching online databases, and attempting contact through last known addresses or employers. If the court is satisfied with your efforts, it may permit you to serve your spouse via a public notice in a local newspaper. However, divorces by publication can be more limited in terms of what the court can award, especially regarding property or custody. It’s crucial to work with an experienced attorney to make sure every legal step is followed and your interests are protected.
Do I have to go to court for my divorce?
Not necessarily. If both spouses agree on all aspects of the divorce—including child custody, property division, and support—you may be able to finalize your divorce without a contested courtroom hearing. Texas still requires at least one spouse to appear briefly in court to finalize the uncontested divorce, but the process is typically short and straightforward. If your case is more complex or involves disputes that can’t be resolved through negotiation or mediation, then a trial may be necessary. Even if you’re aiming for an amicable resolution, having legal guidance ensures that your paperwork is correct, your agreements are enforceable, and your rights are fully protected.
What happens if one parent wants to relocate with the child?
If a parent plans to move far away with a child, Texas law requires them to notify the other parent in advance. The non-relocating parent can object and ask the court to modify custody or visitation arrangements. The court will consider how the move affects the child’s best interests, including stability, schooling, and the ability to maintain a relationship with both parents. Relocation cases can be complex, so legal advice is key to protecting your parental rights.
Can grandparents get custody or visitation rights in Texas?
Yes, under certain circumstances, grandparents may petition for custody or visitation rights, especially if the child’s parents are unable or unwilling to care for the child. The court will decide based on what’s best for the child, considering factors like the grandparents’ relationship with the child and the parents’ situation. Grandparents’ rights cases can be sensitive and legally challenging, so having a skilled attorney is important.
How does Texas handle spousal support (alimony)?
Texas does not commonly award long-term spousal support, but in some cases, the court may order “spousal maintenance” to help a spouse financially after divorce. This support is typically temporary and only granted if one spouse lacks sufficient income, has a disability, or if the marriage lasted 10 years or longer. The amount and duration depend on factors like the spouses’ incomes, earning abilities, and the reason for the support request. An experienced attorney can help you understand if you qualify and fight for a fair outcome.
Can domestic violence impact my family law case in Texas?
Yes. Allegations or evidence of domestic violence significantly affect family law proceedings in Texas. The court prioritizes the safety and welfare of children and victims. Domestic violence can influence custody decisions, protective orders, and even property division. If you or your children have experienced abuse, it’s critical to document incidents and inform your attorney. Legal protections like restraining orders are available, and your lawyer can help you navigate these sensitive and urgent issues.