Question 1

How long does a divorce take in Texas?

Accepted Answer

An uncontested divorce in Texas can be finalized in as little as 61 days (the mandatory waiting period). Contested divorces typically take 6–18 months depending on complexity. Laine Law Firm works efficiently to resolve your case as quickly as possible.

Question 2

How much does a divorce cost in El Paso?

Accepted Answer

Divorce costs vary widely. An uncontested divorce may cost $1,500–$3,000 in attorney fees. A contested divorce can cost $10,000–$30,000 or more. Laine Law Firm offers competitive rates and payment plans. Call 915-200-4316 for a free consultation.

Question 3

Is Texas a 50/50 divorce state?

Accepted Answer

Texas is a community property state, which means marital property is generally divided equally. However, courts can divide property unequally based on factors like fault in the marriage, earning capacity, and other considerations.

Question 4

Can I get a divorce without my spouse's consent in Texas?

Accepted Answer

Yes. Texas allows for a default divorce if your spouse does not respond to the divorce petition within the required time period. Laine Law Firm can guide you through this process.

Question 5

What is the difference between contested and uncontested divorce?

Accepted Answer

An uncontested divorce is one where both spouses agree on all issues (property division, custody, support). A contested divorce involves disputes that require court intervention. Uncontested divorces are faster and less expensive.

Question 6

What is the difference between legal and physical custody?

Accepted Answer

Legal custody (conservatorship in Texas) refers to the right to make decisions about the child's education, healthcare, and religion. Physical custody (possession) refers to where the child lives. Texas courts typically award joint legal custody to both parents.

Question 7

What does a judge look for in custody cases?

Accepted Answer

Texas courts determine custody based on the 'best interest of the child' standard. Factors include each parent's ability to provide a stable home, the child's relationship with each parent, the child's preferences (for older children), and any history of domestic violence or substance abuse.

Question 8

Can a child choose which parent to live with in Texas?

Accepted Answer

Children 12 and older can express their preference to the court, but the judge is not required to follow it. The child's best interest is always the primary consideration.

Question 9

What is a Standard Possession Order in Texas?

Accepted Answer

The Standard Possession Order (SPO) is the default visitation schedule in Texas. It gives the non-custodial parent the first, third, and fifth weekends of each month, certain holidays, and extended summer visitation.

Question 10

How can I get emergency custody in Texas?

Accepted Answer

Emergency custody (a Temporary Restraining Order or Emergency Protective Order) can be obtained when a child is in immediate danger. Laine Law Firm can file for emergency custody on short notice. Call 915-200-4316 immediately if your child is in danger.

Question 11

How is child support calculated in Texas?

Accepted Answer

Texas uses a percentage-of-income model: 20% for 1 child, 25% for 2, 30% for 3, 35% for 4, 40% for 5+. These percentages apply to the first $9,200/month of net resources.

Question 12

When does child support end in Texas?

Accepted Answer

Child support typically ends when the child turns 18 or graduates from high school, whichever is later. Support may continue longer for children with disabilities.

Question 13

Can child support be modified?

Accepted Answer

Yes. Child support can be modified if there has been a material and substantial change in circumstances, or if it has been at least 3 years since the order was established and the amount would change by 20% or $100/month.

Question 14

What happens if I don't pay child support in Texas?

Accepted Answer

Non-payment can result in wage garnishment, license suspension, tax refund interception, contempt of court, and even jail time. Contact Laine Law Firm immediately if you are having trouble paying child support.

Question 15

Can my spouse get my military retirement in a divorce?

Accepted Answer

Under the Uniformed Services Former Spouses' Protection Act (USFSPA), a spouse may be entitled to a portion of military retirement pay if the marriage overlapped with at least 10 years of military service (the 10/10 rule for direct payment).

Question 16

Does deployment affect child custody?

Accepted Answer

Texas law specifically protects deployed parents from permanent custody modifications based solely on deployment. Temporary orders can be entered during deployment, but the original order must be restored upon return.

Question 17

Is BAH included in child support calculations?

Accepted Answer

Texas courts generally include Basic Allowance for Housing (BAH) and other allowances in income calculations for child support. This can significantly affect the support amount.

Question 18

What is the Servicemembers Civil Relief Act (SCRA)?

Accepted Answer

The SCRA provides various protections for active-duty military members, including the right to request a stay of civil proceedings during deployment and protections against default judgments.

Question 19

Are prenuptial agreements enforceable in Texas?

Accepted Answer

Yes. Texas recognizes prenuptial agreements (called premarital agreements) under the Texas Family Code. To be enforceable, the agreement must be in writing, signed by both parties, and entered into voluntarily with full financial disclosure.

Question 20

Can a prenuptial agreement be challenged?

Accepted Answer

Yes, but a well-drafted agreement is difficult to challenge. Common grounds for challenge include lack of full disclosure, coercion, or unconscionable terms. Laine Law Firm drafts agreements designed to withstand scrutiny.

Question 21

What can a prenuptial agreement cover?

Accepted Answer

A prenuptial agreement can address property division, debt allocation, spousal support, and other financial matters. It cannot address child custody or child support, as these are determined by the court based on the child's best interest at the time of divorce.

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