Family Law FAQs
Generally, familial and domestic relationship matters usually involve a lot of sensitive emotions and complexities and must be managed intelligently. Whether you're considering divorce or need help with the division of property, spousal maintenance, a child custody agreement, or other family law and divorce issues, getting knowledgeable guidance and advocacy is imperative to make smart decisions and avoid costly errors.
The Torres Attorneys have devoted their careers to advising and guiding clients in family law and divorce-related matters. Our seasoned Texas family law attorneys are available to discuss your unique circumstances and offer practical answers and solutions to some of your frequently asked questions about family law and divorce-related issues. We're proud to serve clients across Corpus Christi, Fort Worth, and Dallas, Texas.
FAQs About Family Law and Divorce in Texas
I just got served with divorce papers. What are my next steps?
If your estranged partner just served you with the divorce papers, you need to reach out to an experienced family law attorney straight away. Your legal counsel will:
Examine the divorce papers.
Help you prepare and file a detailed answer to the divorce petition.
Explore your possible divorce options.
Strategize an effective plan to protect and preserve your property, assets, finances, and children.
Represent you diligently during the divorce process.
Help resolve divorce issues amicably and swiftly.
How long will it take to get divorced in Texas?
In Texas, there is a mandatory 60-day waiting period after filing your divorce petition. This is to give the divorcing couples enough time to resolve pending family and divorce issues. Generally, a simple, uncontested divorce can be finalized within two or three months. However, in complex divorces or when children are involved, it may take between six months and one year, or even longer, to get a divorce.
What are the grounds for divorce in Texas?
Texas laws permit both no-fault and fault-based divorces. The acceptable grounds (reasons) for divorce in Texas include:
Insupportability or irreconcilable differences
Cruelty (physical or mental cruel treatment)
Abandonment for one year or more
Confinement in a psychiatric hospital
Abuse of all types (physical, emotional, or verbal)
Will I be awarded alimony?
Texas law favors alimony or spousal maintenance payments that are mutually agreed between the divorcing couples in a private contract within the divorce settlement agreements. However, to be eligible for court-ordered spousal maintenance in Texas:
The requesting spouse (obligee) must lack sufficient assets and property to take care of their minimum reasonable needs after the divorce.
The paying spouse or obligor must have a prior conviction or deferred adjudication for a family violence offense against the other party or their child within two years prior to filing for divorce.
The couples were married for up to ten years, and the requesting spouse is unable to earn a reasonable income to become self-sustaining as a result of disability, incapacitation, or child custodian obligations.
What is the difference between a legal separation and a divorce?
Divorce and legal separation are among the possible ways to end or dissolve a marriage in Texas. A divorce is a formal process to terminate or end a valid marriage legally. In contrast, legal separation is a court-ordered arrangement whereby married couples are allowed to live separately and apart while they remain lawfully married.
When is mediation a good option?
Divorce mediation involves working with a neutral third party (mediator) to discuss and resolve pending divorce issues amicably and reach a feasible resolution. It offers a quick, smooth, and cost-efficient way to settle divorce and marital issues. Essentially, divorce mediation may be an ideal option if:
You want to reach a compromise, avoid hostilities, and build bridges.
You are comfortable with discussing the divorce issues with your estranged spouse.
You want to have control over the terms and outcome of your divorce.
You want to achieve a peaceful divorce resolution with negligible impact on your children.
Do I need an attorney for my divorce?
Filing for divorce often involves a lot of complex procedures and paperwork. Therefore, having a dedicated lawyer is vital for detailed guidance and to help you navigate crucial decisions. Your legal counsel can advise you about the right divorce option, help file your divorce petition, serve your soon-to-be-ex spouse, or prepare an answer to the divorce papers.
Furthermore, your divorce attorney will handle all discussions and negotiations with your estranged spouse or represent you diligently in court. Also, your lawyer can advocate for your best interests and ensure that you come out in a financially-stable position. With an attorney on your side, you can navigate your divorce seamlessly and move on as quickly as possible.
Helping Corpus Christi Individuals and Families
Navigating domestic relationship matters requires proper guidance and advocacy. Contact us at The Torres Law Firm today to schedule a simple consultation with dedicated family law attorneys. The Torres Attorneys can offer you the highly-personalized legal counsel and support you need to make well-informed decisions in your family law and divorce-related matters. Our firm proudly serves individuals and families across Corpus Christi, Fort Worth, and Dallas, Texas.