This page answers common questions about Texas divorce, child custody (conservatorship), child support, and related family law issues. The information is general and based on Texas law; it is not a substitute for advice about your specific situation.
Every case turns on its own facts. If you are facing a divorce or family law matter, consider these FAQs a starting point for conversation with counsel, not a comprehensive guide. The R.A. Brown Legal Group can review your circumstances and help you develop a clear strategy tailored to your goals.
Every case turns on its own facts. If you are facing a divorce or family law matter, consider these FAQs a starting point for conversation with counsel, not a comprehensive guide. The R.A. Brown Legal Group can review your circumstances and help you develop a clear strategy tailored to your goals.
How long does a Texas divorce take?
How long does a Texas divorce take?
Texas has a mandatory minimum 60-day waiting period from the date the petition is filed to the date a divorce can be finalized, with limited exceptions in cases involving family violence. Many cases take longer—often several months—depending on the court’s schedule, how complex the issues are, and whether settlement is reached through negotiation or mediation.
Texas has a mandatory minimum 60-day waiting period from the date the petition is filed to the date a divorce can be finalized, with limited exceptions in cases involving family violence. Many cases take longer—often several months—depending on the court’s schedule, how complex the issues are, and whether settlement is reached through negotiation or mediation.
Do I have to prove fault to get divorced?
Do I have to prove fault to get divorced in Texas?
No. Most Texas divorces are granted on “insupportability,” which is a no-fault ground similar to irreconcilable differences. Fault grounds such as cruelty or adultery still exist and, when proven, can sometimes influence issues like property division. Whether to allege fault is a strategic decision you should discuss with your attorney.
No. Most Texas divorces are granted on “insupportability,” which is a no-fault ground similar to irreconcilable differences. Fault grounds such as cruelty or adultery still exist and, when proven, can sometimes influence issues like property division. Whether to allege fault is a strategic decision you should discuss with your attorney.
Where do I file for divorce?
Where do I file for divorce in Texas?
To file for divorce in Texas, one spouse must have lived in Texas for at least six months and in the county of filing for at least 90 days. Most cases in the Houston area are filed in the appropriate district court in Harris County or surrounding counties. An attorney can confirm the proper venue based on your residence and circumstances.
To file for divorce in Texas, one spouse must have lived in Texas for at least six months and in the county of filing for at least 90 days. Most cases in the Houston area are filed in the appropriate district court in Harris County or surrounding counties. An attorney can confirm the proper venue based on your residence and circumstances.
What are the main stages of a divorce case?
What are the main stages of a Texas divorce case?
Most cases move through several phases: filing and service of the petition, temporary orders (when needed), information gathering and disclosures, negotiation or mediation, and—if the case does not settle—pretrial and trial. Not every case requires a trial; many resolve at mediation once the parties have enough information to make informed decisions.
Most cases move through several phases: filing and service of the petition, temporary orders (when needed), information gathering and disclosures, negotiation or mediation, and—if the case does not settle—pretrial and trial. Not every case requires a trial; many resolve at mediation once the parties have enough information to make informed decisions.
What is the difference between contested and agreed divorce?
What is the difference between a contested and an agreed divorce?
In an agreed (uncontested) divorce, the spouses are able to reach a full agreement on all issues—property, debts, and any issues involving children—allowing for a more streamlined process. A contested divorce involves one or more disputed issues, and may require temporary orders, discovery, mediation, and sometimes a trial. Even in contested cases, most matters ultimately resolve by negotiated agreement rather than a judge’s ruling.
In an agreed (uncontested) divorce, the spouses are able to reach a full agreement on all issues—property, debts, and any issues involving children—allowing for a more streamlined process. A contested divorce involves one or more disputed issues, and may require temporary orders, discovery, mediation, and sometimes a trial. Even in contested cases, most matters ultimately resolve by negotiated agreement rather than a judge’s ruling.
Will I have to go to court?
Will I have to go to court for my divorce?
Many divorces require at least a brief court appearance to finalize the case, and contested matters may involve hearings on temporary orders or specific disputes. However, much of the strategic work can occur outside the courtroom through negotiation and mediation. A key goal in many cases is to prepare thoroughly so that, if a hearing or trial is necessary, the issues are clearly framed and supported by evidence.
Many divorces require at least a brief court appearance to finalize the case, and contested matters may involve hearings on temporary orders or specific disputes. However, much of the strategic work can occur outside the courtroom through negotiation and mediation. A key goal in many cases is to prepare thoroughly so that, if a hearing or trial is necessary, the issues are clearly framed and supported by evidence.
What does “conservatorship” mean in Texas?
What does “conservatorship” mean in Texas?
In Texas, conservatorship refers to the bundle of parental rights and duties—such as the right to make educational and medical decisions and the duty to support the child. Most cases involve joint managing conservatorship, which means parents share rights and duties, even if the child primarily lives with one parent.
In Texas, conservatorship refers to the bundle of parental rights and duties—such as the right to make educational and medical decisions and the duty to support the child. Most cases involve joint managing conservatorship, which means parents share rights and duties, even if the child primarily lives with one parent.
What is the difference between joint and sole managing conservatorship?
What is the difference between joint and sole managing conservatorship?
Joint managing conservatorship means both parents share most rights and duties, although one parent may have the exclusive right to determine the child’s primary residence. Sole managing conservatorship gives one parent most major decision-making rights, with the other parent typically named possessory conservator. Courts consider factors such as safety, stability, and each parent’s past involvement when deciding these arrangements.
Joint managing conservatorship means both parents share most rights and duties, although one parent may have the exclusive right to determine the child’s primary residence. Sole managing conservatorship gives one parent most major decision-making rights, with the other parent typically named possessory conservator. Courts consider factors such as safety, stability, and each parent’s past involvement when deciding these arrangements.
How is parenting time decided?
How is parenting time decided in Texas?
Parenting time (possession and access) is guided by the child’s best interests. Texas law includes standard possession schedules that courts frequently use as a starting point, particularly for school-age children. Courts and parents can also adopt modified or custom schedules to account for work demands, distance between homes, the child’s age, and other practical realities.
Parenting time (possession and access) is guided by the child’s best interests. Texas law includes standard possession schedules that courts frequently use as a starting point, particularly for school-age children. Courts and parents can also adopt modified or custom schedules to account for work demands, distance between homes, the child’s age, and other practical realities.
What does “best interest of the child” really mean?
What does “best interest of the child” really mean?
The “best interest” standard is the guiding principle in custody and possession decisions. Courts may look at factors such as the child’s emotional and physical needs, each parent’s ability to meet those needs, the stability of each home, the level of conflict, and—depending on age and maturity—sometimes the child’s preferences. The focus is on the child’s long-term well-being, not either parent’s desire to “win.”
The “best interest” standard is the guiding principle in custody and possession decisions. Courts may look at factors such as the child’s emotional and physical needs, each parent’s ability to meet those needs, the stability of each home, the level of conflict, and—depending on age and maturity—sometimes the child’s preferences. The focus is on the child’s long-term well-being, not either parent’s desire to “win.”
Can a child choose where to live?
Can a child choose which parent to live with in Texas?
Children do not get to make the final decision about where they live, but in some cases the judge may hear from a child who is at least 12 years old in chambers about their preferences. The court considers the child’s views alongside all other best-interest factors; the child’s preference is one piece of the analysis, not the outcome by itself.
Children do not get to make the final decision about where they live, but in some cases the judge may hear from a child who is at least 12 years old in chambers about their preferences. The court considers the child’s views alongside all other best-interest factors; the child’s preference is one piece of the analysis, not the outcome by itself.
What if a parent wants to relocate?
What if a parent wants to relocate with the child?
Many Texas orders include geographic restrictions on the child’s residence. A parent who wishes to relocate outside the restricted area may need to seek a modification and show that the move is in the child’s best interest. Relocation cases are often fact-intensive and strategic; it is important to obtain legal advice before making significant moves.
Many Texas orders include geographic restrictions on the child’s residence. A parent who wishes to relocate outside the restricted area may need to seek a modification and show that the move is in the child’s best interest. Relocation cases are often fact-intensive and strategic; it is important to obtain legal advice before making significant moves.
How is child support calculated in Texas?
How is child support calculated in Texas?
Texas uses guideline percentages applied to the paying parent’s net resources, up to a statutory cap. For example, the current guideline percentage for one child is typically 20%, with higher percentages for additional children. Net resources and the applicable cap are defined by statute and adjusted from time to time. Courts can deviate from the guidelines in appropriate circumstances.
Texas uses guideline percentages applied to the paying parent’s net resources, up to a statutory cap. For example, the current guideline percentage for one child is typically 20%, with higher percentages for additional children. Net resources and the applicable cap are defined by statute and adjusted from time to time. Courts can deviate from the guidelines in appropriate circumstances.
How long does child support last?
How long does child support last?
In most cases, child support continues until the child turns 18 or graduates from high school, whichever occurs later, assuming the child is enrolled in and attending high school on a full-time basis. Support may continue longer for a child with a disability. Past-due support (arrears) can be collected even after a child becomes an adult.
In most cases, child support continues until the child turns 18 or graduates from high school, whichever occurs later, assuming the child is enrolled in and attending high school on a full-time basis. Support may continue longer for a child with a disability. Past-due support (arrears) can be collected even after a child becomes an adult.
What is medical support?
What is medical support in Texas?
In addition to basic child support, Texas orders typically require medical and sometimes dental support. This may include providing health insurance and contributing to uninsured medical expenses. The court allocates responsibility for premiums and out-of-pocket costs between the parents, often in proportion to their incomes or consistent with guideline expectations.
In addition to basic child support, Texas orders typically require medical and sometimes dental support. This may include providing health insurance and contributing to uninsured medical expenses. The court allocates responsibility for premiums and out-of-pocket costs between the parents, often in proportion to their incomes or consistent with guideline expectations.
Can child support be changed later?
Can child support be changed later?
Yes. Child support can be modified if there has been a material and substantial change in circumstances (such as a significant income change, new health needs, or a change in the child’s living arrangements), or if it has been at least three years and the existing order differs from guideline support by a certain amount. A court order is required to formally change support.
Yes. Child support can be modified if there has been a material and substantial change in circumstances (such as a significant income change, new health needs, or a change in the child’s living arrangements), or if it has been at least three years and the existing order differs from guideline support by a certain amount. A court order is required to formally change support.
What happens if support is not paid?
What happens if child support is not paid?
Unpaid support can result in enforcement actions, including money judgments, wage withholding, license suspensions, and, in serious cases, contempt proceedings that may involve fines or jail time. Interest often accrues on arrears. If you are either owed support or having difficulty paying, it is important to address the issue promptly and, when appropriate, seek a modification.
Unpaid support can result in enforcement actions, including money judgments, wage withholding, license suspensions, and, in serious cases, contempt proceedings that may involve fines or jail time. Interest often accrues on arrears. If you are either owed support or having difficulty paying, it is important to address the issue promptly and, when appropriate, seek a modification.
Do informal agreements change child support?
Do informal agreements between parents change child support?
No. Side agreements between parents—such as verbally agreeing to lower payments for a period of time—do not change the court-ordered amount unless and until the order is formally modified. Relying on informal arrangements can create significant arrears. Any needed change should be addressed through the court.
No. Side agreements between parents—such as verbally agreeing to lower payments for a period of time—do not change the court-ordered amount unless and until the order is formally modified. Relying on informal arrangements can create significant arrears. Any needed change should be addressed through the court.
What is community property in Texas?
What is community property in Texas?
Texas is a community property state. In general, property acquired by either spouse during the marriage is presumed to be community property, subject to division in divorce. Separate property includes assets owned before marriage and certain items received during marriage by gift, inheritance, or personal-injury recovery (with some exceptions). The spouse claiming separate property has the burden to prove it.
Texas is a community property state. In general, property acquired by either spouse during the marriage is presumed to be community property, subject to division in divorce. Separate property includes assets owned before marriage and certain items received during marriage by gift, inheritance, or personal-injury recovery (with some exceptions). The spouse claiming separate property has the burden to prove it.
How is property divided in a Texas divorce?
How is property divided in a Texas divorce?
Courts must divide community property in a manner that is “just and right” under the circumstances, which does not always mean a strict 50/50 split. Factors can include each spouse’s earning capacity, separate property, fault in the breakup of the marriage, and future financial needs. Many couples negotiate customized divisions through settlement or mediation.
Courts must divide community property in a manner that is “just and right” under the circumstances, which does not always mean a strict 50/50 split. Factors can include each spouse’s earning capacity, separate property, fault in the breakup of the marriage, and future financial needs. Many couples negotiate customized divisions through settlement or mediation.
What about retirement accounts and stock?
What happens to retirement accounts and stock in divorce?
Retirement accounts, stock options, restricted stock units, and similar assets often have both community and separate components. These interests may require careful valuation and, in some cases, specialized orders (such as QDROs) to divide. High-asset and executive-compensation cases can be complex and may call for financial or valuation experts.
Retirement accounts, stock options, restricted stock units, and similar assets often have both community and separate components. These interests may require careful valuation and, in some cases, specialized orders (such as QDROs) to divide. High-asset and executive-compensation cases can be complex and may call for financial or valuation experts.
How are debts handled?
How are debts handled in a Texas divorce?
Debts are generally allocated in connection with the overall property division. Courts consider which debts are community versus separate, who incurred them, and each spouse’s ability to pay. Creditors are not parties to the divorce, so it is important to structure the decree and follow-up steps carefully to reduce post-divorce credit and enforcement problems.
Debts are generally allocated in connection with the overall property division. Courts consider which debts are community versus separate, who incurred them, and each spouse’s ability to pay. Creditors are not parties to the divorce, so it is important to structure the decree and follow-up steps carefully to reduce post-divorce credit and enforcement problems.
What if we own a business?
What if we own a business?
When one or both spouses have an interest in a business, the first questions are whether that interest is community or separate property (or a mix of both) and how it should be valued. Business and professional-practice interests often require expert valuation and thoughtful structuring to address control, cash flow, and tax implications while achieving a just and right division.
When one or both spouses have an interest in a business, the first questions are whether that interest is community or separate property (or a mix of both) and how it should be valued. Business and professional-practice interests often require expert valuation and thoughtful structuring to address control, cash flow, and tax implications while achieving a just and right division.
What if I am worried about hidden assets?
What if I am worried about hidden assets?
Concerns about undisclosed or hidden assets should be taken seriously. Texas law provides tools such as discovery, subpoenas, and, in some cases, forensic accounting to identify and trace property. Addressing these issues early, and strategically, is particularly important in high-asset or closely held business cases.
Concerns about undisclosed or hidden assets should be taken seriously. Texas law provides tools such as discovery, subpoenas, and, in some cases, forensic accounting to identify and trace property. Addressing these issues early, and strategically, is particularly important in high-asset or closely held business cases.
When can custody or possession orders be modified?
When can custody or possession orders be modified?
Custody and possession orders can be modified when it is in the child’s best interest and there has been a material and substantial change in circumstances, such as a significant change in a parent’s living situation, work schedule, or the child’s needs. Certain modifications requested within a short period after the original order may involve additional standards.
Custody and possession orders can be modified when it is in the child’s best interest and there has been a material and substantial change in circumstances, such as a significant change in a parent’s living situation, work schedule, or the child’s needs. Certain modifications requested within a short period after the original order may involve additional standards.
Can child support orders be modified?
Can child support orders be modified?
Yes. Child support orders may be modified based on a material and substantial change in circumstances or the passage of time combined with a significant deviation from guideline support. Modifications should be pursued through the court; informal payment changes do not alter the obligations in the existing order.
Yes. Child support orders may be modified based on a material and substantial change in circumstances or the passage of time combined with a significant deviation from guideline support. Modifications should be pursued through the court; informal payment changes do not alter the obligations in the existing order.
Is there a deadline to seek modification?
Is there a deadline to seek modification of a family law order?
There is no single universal deadline, but courts expect prompt action when circumstances change. Waiting too long can affect both the facts and the court’s view of the situation, particularly in cases involving children. Support obligations usually cannot be changed retroactively; delays can lead to substantial arrears.
There is no single universal deadline, but courts expect prompt action when circumstances change. Waiting too long can affect both the facts and the court’s view of the situation, particularly in cases involving children. Support obligations usually cannot be changed retroactively; delays can lead to substantial arrears.
What if the other party is not following the order?
What if the other party is not following the order?
If the other party is not complying with custody, possession, or support orders, you may be able to seek enforcement through the court. Remedies can include clarifying ambiguous provisions, make-up time, money judgments, wage withholding, and, in some cases, contempt. Enforcement actions are highly fact-specific and depend on the language of the existing order.
If the other party is not complying with custody, possession, or support orders, you may be able to seek enforcement through the court. Remedies can include clarifying ambiguous provisions, make-up time, money judgments, wage withholding, and, in some cases, contempt. Enforcement actions are highly fact-specific and depend on the language of the existing order.
What documentation should I keep?
What documentation should I keep for future modification or enforcement?
Good records are critical. Depending on the issues, this may include payment histories, correspondence about schedule changes, calendars of missed time, medical and school records, and any written agreements or notices. Organized documentation helps your attorney evaluate the situation quickly and present a clear, credible case to the court if needed.
Good records are critical. Depending on the issues, this may include payment histories, correspondence about schedule changes, calendars of missed time, medical and school records, and any written agreements or notices. Organized documentation helps your attorney evaluate the situation quickly and present a clear, credible case to the court if needed.
Do I need a lawyer for modification or enforcement?
Do I need a lawyer for modification or enforcement?
While some individuals proceed without counsel, modification and enforcement cases can have lasting consequences for parenting time, support obligations, and even the risk of contempt. Working with experienced counsel can help you assess options, avoid missteps, and pursue a focused strategy aligned with your priorities.
While some individuals proceed without counsel, modification and enforcement cases can have lasting consequences for parenting time, support obligations, and even the risk of contempt. Working with experienced counsel can help you assess options, avoid missteps, and pursue a focused strategy aligned with your priorities.
How to use these FAQs
These FAQs are designed to give you a clearer sense of the landscape before you make important decisions about your family, your children, and your finances. They cannot, however, account for the specific facts of your case, the history of your family, or the particular court and judge involved.
If you would like to discuss your situation in confidence, you may request a consultation with The R.A. Brown Legal Group. The firm focuses on Texas divorce and family law matters and works with clients to develop a strategy anchored in their priorities.
If you would like to discuss your situation in confidence, you may request a consultation with The R.A. Brown Legal Group. The firm focuses on Texas divorce and family law matters and works with clients to develop a strategy anchored in their priorities.
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The information on this Frequently Asked Questions page is provided for general informational purposes only. It is based on Texas law and may not reflect the most current legal developments, changes in statutes or rules, or the specific practices of particular courts or judges.
Reviewing this website or sending a message through it does not create an attorney–client relationship with The R.A. Brown Legal Group or any attorney at the firm. You should not act or refrain from acting based solely on what you read here. Before making decisions that affect your rights, your children, or your finances, you should consult directly with qualified legal counsel about your particular circumstances.
Reviewing this website or sending a message through it does not create an attorney–client relationship with The R.A. Brown Legal Group or any attorney at the firm. You should not act or refrain from acting based solely on what you read here. Before making decisions that affect your rights, your children, or your finances, you should consult directly with qualified legal counsel about your particular circumstances.