Family Law FAQs

Q: How do I get a divorce and how long will it take?

A: To begin divorce proceedings, you or your spouse must file a petition with the court.  Texas law requires you to wait 60 days after filing the petition before the divorce can be finalized.  Even if you and your spouse agree on the terms of the divorce, which must in writing and signed by both of you, a judge must issue a final decree for it to become official.  The time it takes for the divorce to be official varies, depending on whether there are any issues in dispute, what issues the parties are disputing, and how quickly the parties can come to an agreement. 

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Q: How will the court divide our property?

A: Texas is a community property state.  This means that the court will divide the property you and your spouse acquired during the marriage (not including gifts and devises) equally between you.  The issue is, of course, more complicated than this.  The court can allocate property depending on how it was paid for and how it was acquired.  It is crucial that you discuss your divorce with an experienced attorney who understands community property laws and how property is divided during divorce proceedings. 

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Q: How does the court determine child custody?

A: Chapter 153 of the Texas Family Code makes it clear that Texas courts must first consider what is in the best interests of the child when it makes custody decisions.  Based on this consideration, the court will determine who is the primary custodial parent, whether the other parent will have joint custody, and additional terms and provisions of the arrangement including visitation.  Typically, courts would rather name both parents joint managing conservators; one parent would have primary custody while the other would often be required to pay child support.  Importantly under this arrangement, both parents share certain rights.  Retaining rights to see and care for your child are among the most important rights that arise in a divorce; it is important that you seek experienced legal representation to ensure that your parental rights are protected.

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Q: How does the court determine child support?

A: Texas law determines that child support can be required until the child turns 18 or graduates from high school, marries, or dies.  In certain cases, particularly where a child is disabled, the support can be ordered for an indefinite period.  The level of support is based on a percentage of the non-custodial parent's net resources and the number of children to be supported:

  • one child: 20% of net resources
  • two children: 25%
  • three children: 30%
  • four children: 35%
  • five children: 40%
  • six or more children: at least 40% (subject to certain limits)

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Q: What if my ex-spouse does not pay under the child support arrangement?

A: Failure to pay child support is against the law.  If your ex-spouse is in arrears of his or her support payments, the Law Office of Gary L. Nichols, PLLC can assist you in enforcing the child support order and explain to you how the process will work.  We understand that you depend on the child support funds to support your children, and we understand the delicate and sensitive nature of these situations. 

The Law Office of Gary L. Nichols, PLLC understands that dealing with these family law issues can be stressful and emotionally charged. We are here to help you through this time by providing dedicated, effective legal representation, while remaining sensitive to the issues at hand. Contact the Law Office of Gary L. Nichols, PLLC to schedule a consultation to discuss your case.