Question 1

How long does divorce take in Texas?

Accepted Answer

Texas requires a 60-day minimum waiting period after the divorce petition is filed before a court can enter a final decree. Uncontested divorces where both parties agree on all issues can often be finalized shortly after that window closes. Contested cases — where spouses disagree on property, custody, or support — commonly take 6 to 18 months, and can run longer in complex situations.

Question 2

Does Texas require fault grounds for divorce?

Accepted Answer

No. Texas allows no-fault divorce on the ground of 'insupportability' — meaning the marriage has become insupportable due to discord or conflict with no reasonable expectation of reconciliation. Fault-based grounds such as adultery or cruelty also exist, but alleging fault rarely changes the outcome significantly and typically adds cost and conflict to the process.

Question 3

What is the difference between conservatorship and custody in Texas?

Accepted Answer

Conservatorship is the legal term Texas uses for what most people call 'custody.' Joint Managing Conservatorship (JMC) means both parents share rights and duties regarding the child, though one parent typically has the exclusive right to designate the child's primary residence. Sole Managing Conservatorship (SMC) grants one parent exclusive authority over key decisions — typically ordered when joint decision-making would be harmful to the child.

Question 4

What is the standard possession schedule (Texas Family Code § 153.312) in Texas?

Accepted Answer

The Texas Standard Possession Order (SPO) generally gives the non-primary parent possession on the 1st, 3rd, and 5th weekends of each month, Thursday evenings during the school year, alternating holidays, and 30 days during the summer. Courts can modify the SPO based on the child's age, the parents' schedules, and the family's specific circumstances.

Question 5

How is child support calculated in Texas?

Accepted Answer

Texas calculates child support as a percentage of the paying parent's net monthly resources: 20% for one child, 25% for two, 30% for three, 35% for four, and 40% for five or more children. A statutory cap applies to the net resources (Texas Family Code § 154.125) figure and is periodically adjusted — confirm the current cap with an attorney. The calculation starts with gross income and subtracts specific allowable deductions.

Question 6

Can child support or custody orders be modified?

Accepted Answer

Yes. Texas courts can modify child support or custody orders when there has been a material and substantial change in circumstances (Texas Family Code § 156.401) since the order was entered. For custody modifications, a child who is at least 12 years old can also express a preference to the court. Common triggering changes include a significant income shift, a planned relocation, or a substantial change in the child's needs.

Question 7

What is community property in Texas?

Accepted Answer

Texas is a community property state (Texas Family Code § 7.001). Property acquired by either spouse during the marriage is generally presumed to be community property — owned jointly by both. At divorce, community property is divided in a manner the court finds 'just and right,' which is not automatically 50/50 but considers the specific circumstances. Separate property owned before marriage or received as a gift or inheritance generally remains with the spouse who owns it.

Question 8

Do I need a lawyer for an uncontested divorce?

Accepted Answer

Texas law does not require an attorney for an uncontested divorce, but proceeding without one carries real risk. Even when both spouses agree, a divorce decree is a permanent legal document with lasting consequences for property rights, retirement accounts, and — when children are involved — custody and support. Errors in agreed decrees are difficult and expensive to correct after the fact.

Question 9

Can grandparents get custody or visitation in Texas?

Accepted Answer

Texas law allows grandparents to petition for court-ordered visitation or, in limited circumstances, conservatorship (custody). Standing requirements are specific: generally, a grandparent must show that denial of access would significantly impair the child's physical health or emotional well-being, or meet other statutory criteria. These cases are fact-intensive and can be complex.

Question 10

What is parental alienation and can Texas courts address it?

Accepted Answer

Parental alienation refers to a pattern of behavior by one parent that damages or undermines a child's relationship with the other parent. Texas courts focus on the child's best interests, which generally includes preserving the child's meaningful relationship with both parents. Courts can address alienating behavior through enforcement of existing orders, modification of custody arrangements, required counseling or therapy, and other protective measures.

Question 11

How does adoption work in Texas?

Accepted Answer

The Texas adoption process generally involves filing an adoption petition, completing a home study, obtaining consent from biological parent(s) or a court order terminating parental rights, attending a finalization hearing before a judge, and receiving a new birth certificate. Stepparent adoption is the most common type and is often streamlined when the non-custodial parent voluntarily relinquishes rights. Each adoption has its own specific legal requirements.

Question 12

Where are family law cases heard for Collin County residents?

Accepted Answer

Family law cases for Collin County residents are heard in the Collin County district courts, located in McKinney, Texas — the county seat. This is true regardless of which city within Collin County you live in, whether McKinney, Frisco, Plano, Allen, Prosper, Celina, or elsewhere in the county.

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