Divorce Attorney in Lakeway, Texas Provide Answers to Your FAQs

How Long Does it Take to Get Divorced?

Texas has a 60 day waiting period, so at minimum it takes 61 days to get divorced in Texas. The 60 day waiting period is calculated from the date the petition for divorce is filed. Then, after 60 days have passed, assuming the parties have reached an agreement on all relevant terms and have properly prepared and executed paperwork, the judge has authority to grant the divorce.

How Much is Child Support?

Child support in Texas is based on a statutory scheme outlined in the Texas Family Code. The key factors in the calculation are the number of children before the court, the number of other children not before the court who is the payor is obligated to support, and the payor’s income. To give a simple example, a child support payor who has one child before the court, no other children, and a gross annual income of approximately $150,000 will pay $1710 per month.

Can I get (or Will I Have to Pay) Alimony after the Divorce?

The state of the law in Texas on the subject of alimony has changed significantly over the past few years and is complicated enough that you should get the advice of a professional about your specific situation. Generally speaking, in most cases (there are exceptions involving disabilities and family violence) the court has no authority to award a spouse post-divorced spousal maintenance if the duration of the marriage was less than 10 years. For a marriage lasting more than 10 years but less than 20, the court can award up to five years of maintenance. If the marriage lasted more than 20 years but less than 30, the court can award up to seven years of maintenance. For a marriage lasting more than 30 years the court can award up to 10 years of maintenance. While the amount of alimony (also known as spousal maintenance) is subject to a cap (see this article for a detailed explanation), generally alimony is reserved for those cases where there is a significant disparity in earning capacity between the parties.

Where Can I File for Divorce?

In order to file for divorce in the state of Texas at least one of the parties must have been domiciled in Texas for the preceding six months. The filing requirements for a particular county are that at least one of the parties must have been a resident of that county for the preceding 90 days.

Do I Have To Prove Fault in a Texas Divorce?

Texas is a no-fault state and the vast majority of divorces are granted on the grounds of irreconcilable differences. There are other available grounds for divorce, including adultery and cruelty which are sometimes used in contested litigation.

How Is Property Divided in a Texas Divorce?

The Texas Family Code provides that the judge is to divide the parties community property in a “fair and just manner.” This means that the judge is not mandated to divide the property 50/50 and has discretion to award either side a disproportionate division of the community property.

What is Legal Separation?

While many states throughout the US have a legal status known as “legal separation,” no such status exists in the state of Texas. In Texas you are married and still the date the judge grants the divorce and the community estate continues to exist and accrue assets (and liabilities) until such time as the divorce has been finalized.

If you need a divorce attorney in Lakeway, Texas just call our office to schedule an initial consultation or fill out our questionnaire form.