Frequently Asked Questions (FAQ)

General

Q: How does Low Cost Texas Divorce compare to other web services offering low cost divorce?

Q: How much does it cost?

Divorce and Property

Q: Do I need to hire an attorney?

The law says you have the right to represent yourself.  You can do it yourself, and if it’s done right, you can save a lot of money.   If you make a mistake, you have a terrible mess.   We constantly see people who have purchased “KITS” over the internet to do their own legal work.  Sometimes the “KITS” cost more than most competent lawyers would charge.   Often, the forms are generated in another state, and do not work in Texas.   This is particularly true if you have children. You may end up with an unenforceable order.

Q: How do I get a legal separation?

There is no legal separation in the State of Texas.   If you are not ready for a divorce, there are methods to protect your property interests.  It is also possible to obtain court orders relating to your children.   You should discuss these issues with an attorney having extensive experience in family law. 

Q: Are there residency requirements?

Yes, one of the spouses must have resided in the State of Texas for the preceding six (6) month period.   Additionally, one spouse must have resided in the particular county for the preceding ninety (90) day period.     The residency of either spouse qualifies.   If both spouses file in different counties, and both have met the residency requirement, the divorce will usually be heard in the county in which the first filing occurred.    There are special rules for people in the military or certain public service assignments. 

Q: Can I get a divorce if I’m pregnant (or my wife is pregnant)?

Probably not.   You can file for divorce, but may not be able to finalize it until after the child is born.   There is no state law prohibiting the granting of a divorce when the wife is pregnant, but most courts refuse to do so until after the birth of the child.  There are exceptions, and this issue should be discussed with an attorney practicing family law.        

Q: How long does it take to get a divorce?

The length of time will of course vary depending on individual circumstances, but a good rule of thumb is between six months and a year for a contested case, and approximately 4-6 months for an uncontested case.  As an absolute minimum there is a 60- day waiting period after a divorce is filed.

Q: How is property divided in a divorce?

There are two types of property- Separate Property and Community Property.  Generally speaking, separate property is the property owned by a spouse before marriage, received during marriage by gift or inheritance, and certain proceeds from personal injuries.  Everything else is considered community property.  Separate property is protected, and may not be awarded in the whole or in part to the other spouse by the Court in a contested case.  Community property is the only type of property that may be divided in a “just and right manner.”   Division of property does not have to be equal (50/50), and will depend on the circumstances of the spouses. 

Q: Can my spouse claim a piece of my retirement?

Retirement interests, like all other property interests accumulated during marriage, are generally community property that is subject to division of the court when a divorce occurs.  The general rule, like all other general rules, is subject to some exceptions you may need to discuss with your attorney. 

Q: What about alimony?

Alimony is only available under certain limited circumstances. Generally, a 10- year marriage is required along with other criteria that show a spouse will be unable to provide for their previous spouses needs. There are limits on the duration and amount.

Q: How long do alimony payments last?

In the absence of a disability, the duration of alimony is to the shortest period of time for the receiving spouse to become independent enough to meet his or her minimum reasonable needs or for three years from the effective date of the order, whichever is shorter.   Alimony also ends upon the death of either spouse, and upon the remarriage or cohabitation of the receiving party.

Q: How much alimony can be awarded?

The Court may not order alimony more than  a) $2,500.00; or b) 20% of the paying spouse’s average monthly gross income, whichever is less.

Q: Am I responsible for my spouse’s debts?

Spouses can have direct and indirect legal responsibility for debts or liabilities.  Direct responsibility occurs when a spouse co-signs a contract or mortgage.  Indirect liability is based on agency principles and the doctrine of necessaries.

Under the Texas Family Code, a person is personally liable for the acts of the person’s spouse only if: 1) the spouse acts as an agent for the person; or 2) the spouse incurs a debt for necessaries.   A spouse does not act as an agent for the other spouse solely because of the marriage relationship.

There is also indirect liability if your spouse injures someone. 

Q: What does “necessaries” mean?

What is “necessary” varies from case to case. At a minimum, necessaries include food, clothing, shelter, and non-elective medical care.

Q: If my spouse gets the car or the house and I am still on the note, will the award of property relieve me of any obligation I might have to the financial company?

No, unless your spouse is able to refinance the property, vehicle or encumbered possession/item, you will have a joint liability with your spouse regarding the debt on the item.  There is no way out of the dilemma unless the spouse who takes the item is able to refinance it and get the note entirely into their name.

Q: Will I have to go to Court?

Yes, even if you and your spouse agree on everything, the Court requires the personal appearance of one spouse to testify under oath as to certain basic facts.  After receiving testimony, the Judge usually signs the Decree of Divorce, and your divorce is final that day.   

Q: When can I marry again?

Unless you want to remarry the person you just divorced, you must wait 30 days.  You may ask the Judge to waive this requirement.   You may also be able to get married  in another state that does not have a similar prohibition.  

Child Custody and Support

Q: What does joint managing conservatorship mean?

Joint Managing Conservatorship is basically a title.  It is the designation of each  parent’s rights and duties, and the division of parenting time that has true meaning. Parents will allocate parental rights and duties between them.   In most cases, the child’s residence will be restricted to a defined geographic area.  Joint Managing Conservatorship does not mean “equal time” with each parent, and does not preclude the payment of child support.  In most cases, one parent will be designated as the primary parent, and each parent will be awarded time with the child in accordance with the standard possession order.

Q: At what age can the child designate which parent they want to live with or be their primary conservator?

A child may file a designation of preference once the child has attained the age of twelve years.  This designation is not binding on the court.  It is just one factor that is considered in determining the best interests of the child.

Q: What is the standard visitation schedule/ standard possession order?

The standard possession order is a statutory scheme that is designed to provide almost equal time between the children and the non-primary parent, and allocate holiday periods between the parents.   It is established in the Texas Family Code and applies to children three years of age or older.  Generally, one parent has possession of the children on the first, third and fifth weekends of each month, and on Thursday evenings during the school year.  Holidays and summer time periods are allocated between the parents.  For most parents it is intended to be statutory minimum of contact.  There is no schedule for children under the age of three. Those schedules are generally custom made.

Q: My child does not want to go to the visitation.  What rights do they have?

This is a difficult situation.  Some judges assume that the children do not want to see the parent because of some influence by the custodial parent.   If the child doesn’t want to go, you are under a duty to encourage them to go. If they flatly refuse to go, they need to communicate that to the other parent.  Unless the other parent is impaired, do not get in the middle.   The court has the authority to find you in contempt of court.   In some situations, primary custody has been changed to the other parent.

Q: How does the court determine how much child support will be paid?

Texas has established a formula to calculate child support.   If the net income of the payee parent is less than $7,500.00 per month, Texas law has established the following guidelines for child support payments.   The amount withheld is based on net income each month times the percentage indicated.   A chart prepared by the Attorney General’s Office every year lists the correct amount of federal withholding and social security taxes that can be deducted from gross income to determine the net income.  Additionally, a deduction is permitted for the cost of health insurance for the child.

*20 percent for one child
*25 percent for two children
*30 percent for three children
*35 percent for four children
*40 percent for five children
*not less than 40 percent for 6 children

Special rules apply in cases of split or joint placement or multiple children in different households.  

If a court believes that you are not making as much money as you should, child support amount may be based on your earning potential or past earning records.

Q: Does child support cover health insurance and uncovered health expenses?

In addition to monthly child support payments, the payor is required to maintain health insurance on the children.   Payment of uninsured or uncovered health expenses is usually allocated equally between the parents.

Q: How long does child support last?  What about college?

Child support usually continues until the child reaches age 18, or graduates from high school, whichever occurs last.  If the child is disabled, it may be possible to continue child support for an indefinite period of time.  Otherwise, Texas law makes no provision for support (or payment of college) after high school.

Q: If one parent refuses to pay child support, can the other refuse to allow visits?

The duty to pay child support and the right to periods of possession are independent concepts.   Therefore, if one parent will not allow the other to see the child, child support must still be paid.   If one parent is not paying child support, the other parent may not refuse visitation.  The proper remedy is to seek enforcement of the court order.  Sanctions include imprisonment.

Q: What happens if one parent does not abide by Court orders?

Orders relating to support and conservatorship of the children are enforceable by the Court. Sanctions for non-payment of child support or failure to comply with periods of possession include imprisonment

Q:  Do grandparents have rights?

Texas recognizes the rights of grandparents in certain limited circumstances.

Q:  Can court orders be changed?

Generally speaking, all orders concerning property issues are final and cannot be modified.

All orders concerning the children can be modified in the future.  Either parent can petition the Court to change conservatorship, periods of possession, parental rights and duties, and/or child support at any time until the child is emancipated.   A material and substantial change of circumstances must be proven, and the requested change must be in the best interest of the children. 

Q: Does it have to be done through the Court?

Informal agreements between the parties are not binding on the Court. Any change of conservatorship, periods of possession, or child support should be made the subject of a Court order.

Q: Are parent’s responsible for the debts of their children?

In general, persons under the age of 18 cannot make contracts. The principal source of liability for parents for the contracts of their children arises from the general duty to support and the doctrine or necessaries, both of which were discussed above.

Q:What about a child’s wrong doing?

A parent is also generally not liable for the bad acts of a child simply based on the family relationship. There must be some basis for personal liability.  Common examples would be negligent entrustment of an automobile or firearm.  By statute, parents have some liability for the property damage caused by their children.

Q: Can I change my child’s name?

Absent agreement of the parties, it is generally not possible to change the names of the children.