Texas Family Law FAQs
What grounds do I need to file for a divorce in Texas?
Texas allows for “no-fault” divorce, meaning you can file for divorce without proving wrongdoing. Most no-fault marriages are due to insupportability, which means the marriage can’t continue due to conflict. However, fault-based grounds, such as adultery or cruelty, can still influence property division and support.
Should I empty our bank account before filing for divorce?
No. Taking money out of joint accounts can harm your case and may be viewed as acting in bad faith. Speak with an attorney before making any financial moves.
How is child support calculated in Texas?
Texas calculates child support based on a percentage of the paying parent’s income and the number of children. Additional expenses, such as insurance, childcare, and special needs, may affect the final amount.
How is property divided in Texas?
To divide property, Texas uses community property law instead of “equitable distribution” like some other states. Community property means that most property acquired during the marriage is considered jointly owned and is divided fairly. However, this does not always mean the property is divided equally.
Some property, like gifts and inheritances, is usually excluded.
When can I modify an original divorce order in Texas?
You may request a modification if there has been a major change in circumstances, such as job changes, relocation, income changes, or shifts in your child’s needs. Mitch can walk you through the process if your modification qualifies.
Is mediation good for resolving family law matters in Texas?
Yes. Mediation is often quicker, less expensive, and less stressful than going to court. It also gives you more control over the outcome. Mitch frequently uses mediation to resolve disputes by allowing you to work towards a solution with the help of a neutral third party.
