Texas Family Law FAQs
What grounds do I need to file for divorce (in Texas)?
Texas is a "no-fault" divorce state, which means you can file for divorce without proving wrongdoing. The most common reason is "insupportability," meaning the marriage can’t continue due to conflict or discord. However, fault-based grounds - like adultery or cruelty - can still impact the case, especially when dividing property or awarding spousal support.
Should I empty our bank account before filing for divorce?
No. Draining joint accounts can be seen as a bad-faith move by the court and may hurt your case. It’s best to speak with an attorney about how to protect your finances without causing unnecessary conflict or legal consequences.
How is child support calculated in Texas?
Child support in Texas is based on a percentage of the paying parent's income and the number of children being supported. Other factors - like healthcare costs, daycare, and special needs - can also affect the final amount. Mitch Adams can help you understand what to expect and ensure your child’s best interests are protected.
What is equitable distribution?
In Texas, property is divided according to community property laws, not "equitable distribution" like in some other states. This means most property acquired during the marriage is considered jointly owned and is divided fairly, though not always equally. Separate property - like gifts or inheritances - is typically excluded.
When can I modify an original divorce order in Texas?
You can request a modification if there has been a significant change in circumstances—such as job loss, relocation, or changes in your child’s needs. Mitch can help you determine whether your situation qualifies and guide you through the process.
Is mediation good for resolving family law matters in Texas?
Yes, mediation is often a faster, more affordable, and less stressful alternative to going to court. It allows both parties to work together toward a solution with the help of a neutral third party. Mitch often uses mediation to resolve disputes efficiently—while keeping you in control of the outcome.
