Questions and Answers
Your Questions Answered
How long does a divorce take in Texas?
In Texas, there is a mandatory 60-day waiting period from the date the petition is filed. However, contested divorces—especially those involving custody or property disputes—can take several months or longer depending on the complexity of the case and the court’s schedule.
Do I need to prove fault to get a divorce in Texas?
No. Texas is a “no-fault” divorce state, which means you don’t have to prove wrongdoing by your spouse to file. That said, fault grounds such as adultery or cruelty may affect issues like property division or spousal support.
How is property divided in a Texas divorce?
Texas follows community property laws, meaning most assets and debts acquired during the marriage are considered marital property. Courts aim for a “just and right” division, which doesn’t always mean a strict 50/50 split—it depends on factors like income, health, and contributions to the marriage.
Who gets custody of the children in a Texas divorce?
Texas law prefers joint managing conservatorship, meaning both parents share rights and responsibilities. However, custody arrangements are based on the best interest of the child, considering factors like stability, safety, and each parent’s ability to provide.
How is child support calculated in Texas?
Child support is typically based on the noncustodial parent’s net income and the number of children. For example, support for one child is 20% of net income, two children is 25%, and it increases with more children—up to legal caps.
Can child custody orders be modified in Texas?
Yes. If there’s been a material and substantial change in circumstances (such as relocation, job changes, or concerns about the child’s safety), you can request a modification. Courts always evaluate whether the change is in the child’s best interest.
What is the difference between legal separation and divorce in Texas?
Unlike some states, Texas does not recognize legal separation. You are either married or divorced. Couples may live apart under temporary orders, but only a final divorce decree legally ends the marriage.
What rights do grandparents have in Texas custody cases?
Grandparents may petition for visitation or custody in limited circumstances, such as when a parent is unfit or the child has lived with the grandparent. Courts carefully weigh these cases, always prioritizing the child’s well-being.
What happens if my spouse won’t sign divorce papers in Texas?
If your spouse refuses to sign, you can still proceed with a contested divorce. The court can make rulings on property, custody, and support after hearings and evidence are presented.
How is alimony (spousal maintenance) awarded in Texas?
Texas allows spousal maintenance in limited situations, such as when one spouse cannot meet basic needs due to disability, caring for a disabled child, or a long marriage (10+ years). The amount and duration are restricted by state law.
Can I relocate with my child after a divorce in Texas?
Relocation is often restricted by geographic boundaries in custody orders. If you want to move, you’ll likely need court approval to ensure it aligns with the child’s best interests and does not unfairly limit the other parent’s access.
How much does it cost to file for divorce in Travis County, TX?
Filing fees typically range from $250–$350, depending on the type of case. Additional costs may include service fees, mediation, attorney fees, and expert witnesses.
What is mediation in a Texas divorce?
Mediation is a confidential, out-of-court process where a neutral mediator helps spouses negotiate agreements on custody, property, and support. It’s often faster, less expensive, and less stressful than litigation.
How are retirement accounts divided in a Texas divorce?
Retirement accounts earned during the marriage are generally community property. Division may require a Qualified Domestic Relations Order (QDRO), which directs plan administrators to split funds without penalties.
What is a temporary order in a Texas divorce?
Temporary orders provide short-term solutions while the divorce is pending. They can cover custody, visitation, child support, spousal support, and who stays in the marital home.
Do fathers have equal rights in Texas custody cases?
Yes. Texas law does not favor mothers over fathers. Custody decisions are based on the child’s best interests, and fathers are equally entitled to seek joint or sole custody.
What should I do immediately after a car accident in Austin?
First, make sure everyone is safe and call 911 if needed. Document the scene with photos, exchange insurance information, and seek medical attention—even if you feel fine. Then, contact an experienced Austin personal injury lawyer to help protect your rights and guide you through the claims process.
How long do I have to file a personal injury claim in Texas?
In Texas, the statute of limitations for most personal injury and motor vehicle accident cases is two years from the date of the accident. Waiting too long can prevent you from recovering compensation, so it’s important to speak with a lawyer as soon as possible.
What types of compensation can I recover after a car accident in Austin?
You may be entitled to compensation for medical expenses, lost wages, property damage, pain and suffering, and future rehabilitation costs. Every case is unique, but an experienced injury attorney can help pursue the maximum recovery available under Texas law.
Do I need a lawyer for a minor car accident injury claim?
Even in cases that seem minor, it’s wise to consult with a lawyer. Insurance companies often try to minimize payouts, and injuries like whiplash or concussions may not show symptoms right away. A skilled Austin car accident attorney ensures you don’t settle for less than you deserve.
How is fault determined in Texas car accidents?
Texas is a modified comparative negligence state. That means if you are found to be less than 51% at fault, you can still recover damages, but your compensation will be reduced by your percentage of fault. Strong legal representation can help gather evidence and build a clear case in your favor.
How much does it cost to hire a personal injury lawyer in Austin?
Most personal injury and car accident lawyers in Austin, including our firm, work on a contingency fee basis. This means you pay no upfront costs—we only get paid if we win compensation for you. This ensures quality legal representation is accessible when you need it most.