Texas Divorce & Family Law FAQ
In our more than 35 years of family law practice, we have successfully guided our clients through countless matters related to divorce, community property division and child custody. While every case is unique, following are some of the most common questions our clients have about divorce and family law in Texas.
How long does the divorce process take?
Many factors can affect how long a divorce takes. The main factors are whether the spouses agree on matters such as community property division and child custody, and whether property division involves complex assets. In general, though, the divorce will not be granted within 60 days of the filing date. There is a 60-day waiting period, starting from the date the divorce is filed until a date is set for the court to grant the divorce.
What is a typical parenting time/visitation schedule in Texas?
Each family’s visitation schedule can be different, depending on what is best for the children. However, the Texas Family Code has what is called a “Standard Possession Order,” which many parents use as a guide when creating a schedule for parenting time.
According to the Standard Possession Order, the parent who is not the primary custodian of the child will have custody on the first, third and fifth weekends of each month, as well as one evening a week during the school year. The parents alternate holidays and a month during the summer.
Again, the Standard Possession Order is a guide that many families use. Our attorneys can help you create a parenting plan that matches your family’s specific needs.
How can I keep my spouse from spending all the money or hiding it while the divorce is being finalized?
Our divorce attorneys have extensive experience in all matters related to community property division in Texas. If you are concerned about your spouse transferring funds, closing accounts, spending all the money or hiding assets during your divorce, there are legal tools we can use to stop that from happening. We can seek a Temporary Restraining Order (TRO), sometimes called a financial restraining order, which can prevent the other party from taking certain actions until a judge makes a ruling.
How is real estate divided in a Texas divorce?
The division of the family home or other real estate is negotiable in a Texas divorce. Real estate accumulated during the marriage is typically regarded as community property, and the value of the real estate is therefore divisible. You may negotiate to keep real property, exchange its value for something else of value, or sell the property and split the proceeds. In all matters of property division, it is always important to consider the tax implications of keeping an item of property or letting it go. Also with regard to real estate, you will want to consider whether upkeep of the property makes it worth or not worth keeping. If you have questions or doubts about these matters, our attorneys can help you come to a sound decision.
Are retirement funds divisible in a Texas divorce?
Unless a premarital or postmarital agreement states otherwise, the retirement savings accumulated by one spouse during the marriage are subject to division between the spouses. Retirement savings may include pension plans, 401(k)s, Roth IRAs and others. Usually, a Qualified Domestic Relations Order (QDRO) is used to determine exactly how retirement savings will be distributed to the divorcing spouses.
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To speak with an experienced divorce and family law attorney about your individual concerns, please call us in Fort Worth at 817-735-4000 or complete our contact form. Our lawyers are ready to answer your questions and help you find a solution to whatever problem you may be facing.