Frequently Asked Questions
Home » Frequently Asked Questions
A: You or your spouse must be a Texas resident for at least six months before filing, and you must have resided in the county where you plan to file for at least 90 days.
A: To establish a common law marriage in Texas, three elements must be present: agreement, cohabitation, and holding out. Both parties must agree to be married, live together as husband and wife, and hold themselves out to the public as a married couple.
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: Child custody, or conservatorship, is determined based on the best interests of the child, considering factors such as their needs and the parents’ ability to co-parent.
A: Child support is calculated using a formula that considers the parties’ incomes, the number of children, the cost of health and dental insurance attributable to the child, and any special needs or medical expenses of the child.
A: Community property is acquired during the marriage and subject to equal division upon divorce, while separate property includes assets owned before marriage or received by gift or inheritance during the marriage.
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.
A: Mediation is a popular method of alternative dispute resolution in Texas divorces and other family law cases. It allows parties to work together, with the help of a neutral mediator, to negotiate and reach agreements on various issues such as property division, child custody, and support. Mediation can be a more cost-effective and cooperative approach to resolving conflicts, and it gives the parties in the case more control over the outcome of their case. However, it’s important to note that a mediator cannot provide legal advice. It is still advisable to have your own attorney present during mediation to ensure that your rights and interests are protected.
A: No, it is not ethically permissible for one lawyer to represent both parties in a divorce or other family law case. It’s recommended that each party should have their own separate legal representation to ensure that their rights and interests are properly advocated for.
A: It is important to understand that signing an order related to your divorce without the guidance of a lawyer does not automatically mean that the order will be thrown out. Once you sign a court order, it is generally considered binding and enforceable. However, signing an order without legal representation puts you at risk of unintended consequences or unfair terms. Without a lawyer, you may not fully understand the implications of the agreement or the potential long-term effects on your rights and financial well-being. It is always advisable to have an attorney review any legal documents before you sign to ensure that your rights and interests are protected.
![Divorce Attorney in Round Rock](https://www.lovettfamilylaw.com/wp-content/uploads/2024/02/katy-lovett-headshot-nobg.png)
Contact Katy M. Lovett Today
At the Law Office of Katy M. Lovett, PLLC, you are not just a case number. Katy takes the time to listen to your concerns, understand your goals, and develop a strategic approach that aligns with your needs under Texas law.