1)   What are the requirements to get a divorce in Texas?

a.     You must be a resident of the state of Texas for 6 months and a resident of the county you are filing in for 90 days.

 

2)   How long does a divorce take in Texas?

a.     Texas law requires a cooling off period of 60 days between filing for divorce and making the divorce final.

 

3)   Who pays child support?

a.     While many couples may share custody of the children, the party that has possessory conservatorship is the party to pay child support.

 

4)   How is child support calculated?

a.     Child support is based on the number of children you have as well as you NET income every month.  Texas Family Code contains guidelines for child support. It uses two years-worth of federal tax return and proof of payment of the year to date to calculate the amount of alimony. The judge signs an order mandatory wage withholding at the time of final decree to provide an additional tool for ensuring that child support is paid. The order may or may not be sent to the employer, based on payment history of child support.

 

 

5)   Do you have to prove fault in Texas in order to get a divorce?

a.     No, Texas is a no-fault state, meaning that you can file without requiring anyone to “give” you a divorce. Texas Family Code has adopted the concept of no-fault divorce. The usual definition is "the marriage has become insupportable because of discord or conflict and personalities that destroys the legitimate ends of marriage and prevents any reasonable hope of reconciliation."

 

 

6)   What about child custody?

a.     The Texas Family Code, there is a presumption in the child's best interest that parents are appointed Joint Managing Conservatorship. This means that both parents have almost the same rights and duties. One of the parents will usually determine where the child lives.

 

7)   What if one party does not follow court orders? What I can do?

a.     A judge has powers over the spouse who disregards a court order related to the, food, visitation and delivery of certain property. The spouse who defies an order may face charges such as spending time in jail and pay the fees of the lawyer who filed the contempt action against him or her.

 

8)   My child wants to live with me does that mean anything?

a.     Texas Family Code states that children over 12 years can testify in court about with whom they live. However, although the court will consider this when deciding who the child will live, this does not mean that the final decision is taken by the child.

 

9)    Can you briefly define the process of adoption?
a. According to the Texas Family Code, prior to finalizing an adoption, the parental rights of birth parents should be terminated. The child must live with the adoptive parents for at least six months. There must be an ad litem for the child and should be revised criminal history, background and should do a social study of the adoptive parents. You must make a report of medical records, social, education and child's genetic. Once this is completed, a hearing is held with the court to determine that adoption is best for the child.