Texas Family Law FAQs

A: Family law covers legal matters involving divorce in Texas, child custody, child support, spousal maintenance, adoption, paternity, property division, protective orders, and other domestic matters. 

A: Texas family law cases are decided by a judge, and understanding what a court considers can help you feel more prepared when walking in. In matters involving divorce, child custody, or property division, the court considers factors such as: 

• The best interests of the child
• The length of the marriage
• Each spouse’s financial situation
• The conduct of both parties throughout the marriage 

Proceedings are formal, meaning deadlines, documentation, and courtroom procedure matter. This is why having experienced representation from a Texas family law attorney can make a significant change in the outcome of your case.

A: Under Texas law, you or your other spouse must have lived in Texas for at least six months before the divorce process begins. In addition, one party must have lived in the county where the divorce is filed in Texas for at least 90 days. Speak with our Round Rock divorce attorneys for more information regarding Texas divorce laws and requirements. 

A: Yes. Texas divorce law allows couples to file for a no-fault divorce based on insupportability, meaning there is no reasonable expectation that the marriage will continue due to conflict or disagreement. A no-fault divorce in Texas does not require one spouse to prove wrongdoing by the other spouse.

A: A counter-petition is a legal response filed by the other party after the divorce process begins. It allows one spouse to state their own requests regarding matters like property division, child custody, child support, spousal maintenance, and other family law issues.

A: A Writ of Attachment in Texas is a court order that may allow property to be seized in certain family law cases involving unpaid obligations or failure to comply with court orders. It may arise in disputes involving support payments, marital property, or enforcement actions.

A: A Qualified Domestic Relations Order (QDRO) is a court order used to divide certain retirement accounts during a Texas divorce. The order allows retirement benefits to be transferred without tax penalties when handled properly under federal and Texas law. To learn more about these orders, reach out to an experienced QDRO attorney in Texas today.

A: In some family law cases, a jury may decide limited issues involving child custody, conservatorship rights, or property division. However, the judge still decides matters involving the final divorce decree, child support amount, attorney fees, and certain aspects of the custody arrangement.

A: Yes. Texas is a community property state, which means most property acquired during the marriage belongs to both spouses. Community property may include income, retirement benefits, real estate, and other marital property.

A: In some uncontested divorce cases, spouses may agree on how marital property should be divided. However, because Texas is a community property state, all the property acquired during the marriage is generally subject to property division unless it qualifies as one spouse’s separate property.

A: Community property is acquired during the marriage and is subject to equal division upon divorce, while separate property includes assets owned before the marriage, gifts, inheritances, and certain personal injury recoveries belonging to one spouse.

A: To establish a common law marriage in Texas, three elements must exist: 

1. agreement;
2. cohabitation; and 
3. holding out. 

In other words, both parties must agree to be married, live together as spouses, and represent themselves publicly as legally married.

A: Yes. A couple in a valid common law marriage must still go through the divorce process to legally end the relationship. The court may address child custody, child support, spousal maintenance, and property division the same way it would in any other divorce in Texas.

A: No, Texas does not have a specific time requirement for common law marriage. It is the overall evidence of the couple’s intent and conduct that determines the existence of a common law marriage, rather than the length of time they have lived together. 

A: Texas child custody laws focus on the best interest of the child. Courts may order a joint managing conservatorship or name one parent as the sole managing conservator, depending on the facts surrounding the case.

A: Texas judges typically prefer that parents serve as joint managing conservators when appropriate. Joint managing conservatorship (aka joint or shared custody) means both parents share certain parental rights and decision-making responsibilities for the child or children involved; however, one parent may still be named the possessory conservator and have a different visitation schedule based on the parent’s living situation and the child’s needs.

Sole managing conservatorship (aka sole custody) gives one parent the primary authority to make major decisions for the child and is typically ordered by the court in cases involving family violence, substance abuse, neglect, or concerns about the child’s well-being and safety. 

Parenting time and parental duties are not always split equally, even when parents share some responsibilities. To learn more about the types of custody arrangements in Texas and which would be the most beneficial for you and your child’s needs, an experienced Round Rock child custody lawyer like Katy M. Lovett can help. 

A: The best interest of the child standard in Texas looks at factors affecting the child’s physical and emotional well-being, including: 

• Health care needs
• The child’s education
• Living arrangements
• Substance abuse concerns
• Domestic violence concerns 
• Each parent’s ability to provide stability and financial support 

The court considers whether parents can meet the child’s needs now and in the future.

A: Evidence involving substance abuse, family violence, neglect, interference with parental rights, criminal activity, unsafe living arrangements, or failure to follow a custody order may negatively affect a child custody case. The court also considers the child’s physical safety and emotional well-being.

A: A right of first refusal provision may require one parent to offer parenting time to the other parent before relying on a babysitter, family member, or other third party. This clause helps maximize parenting time and encourages a healthy co-parenting relationship, but whether a judge includes it depends on the circumstances of the case.

A: Child support calculations in Texas are generally based on the paying parent’s net resources and the number of children involved. Courts also consider health care costs, support payments for other children, and certain special expenses when determining the amount of child support.

A: Retroactive child support refers to support payments ordered for a time period before the current child support orders were entered. Courts may order retroactive child support in Texas when one parent did not previously provide financial support for the child.

A: Child support obligations generally continue until the child turns 18 or graduates from high school. However, support payments may continue longer for a disabled child with a physical or mental disability requiring ongoing care.

A: Yes, orders can be modified if there has been a substantial change in circumstances since the original order was issued and the modification is in the child’s best interest. The Williamson County family law order modification attorneys at the Law Office of Katy M. Lovett can help with child custody, child support, and other court order modifications.

A: No. Spousal support, which is technically called spousal maintenance in Texas, is not automatic. Courts review factors such as both spouses’ income, earning ability, and other statutory requirements before awarding either temporary spousal support or long-term support. A family law judge will only order spousal maintenance if the requesting spouse meets all necessary requirements found under the Texas Family Code.

A: Yes. A person may be disqualified from receiving spousal maintenance in certain situations, including family violence, lack of financial need, or failure to meet eligibility requirements under Texas law. To learn more about what disqualifies you from alimony in Texas, speak with an experienced family lawyer right away.

A: Mediation allows parties involved in a Texas divorce to work with a neutral third party to resolve disputes involving how property is divided, how child custody and support are arranged, whether spousal maintenance is awarded, and more. A Round Rock divorce mediation attorney like Katy Lovett can help parties reach agreements outside of court and reduce conflict and legal expenses.

A: No. One family law attorney cannot ethically represent both parties in the same Texas divorce because each side has different legal interests. It’s recommended that each spouse have their own separate legal representation to ensure that their rights and best interests are properly advocated for.

A: Once you sign a court order, it is generally considered binding and enforceable. However, signing an order without legal representation puts you at a serious risk of unintended consequences or unfair terms. Without a qualified family lawyer, you may not fully understand the implications of the agreement or the potential long-term effects on your rights and financial well-being. That is why it’s always advisable to have an attorney review any legal documents before you sign to ensure that your rights and interests are protected. 

A: Choosing the best family law attorney starts with finding someone who understands your goals, communicates clearly, and has experience handling cases similar to yours. Whether you are dealing with divorce, child custody, parenting plans, adoption, child support, or property division, you should feel confident that your lawyer will protect your rights and guide you through each stage of the legal process.

 It is also important to choose an attorney who is responsive, organized, and familiar with local Texas family courts and procedures. A knowledgeable Round Rock family lawyer like Katy Lovett can help you understand your options, prepare for court, negotiate settlements, and work toward the best possible outcome for your family.