Frequently Asked Questions
- What are the grounds for a divorce?
- Is there a residency requirement to obtain a divorce in Texas?
- How long until my divorce will be final?
- What do I do if I am served with divorce papers?
- How much child support will be ordered?
- Is it possible to receive child support for a child over the age of 18?
- When can child support be increased or decreased?
- How is child custody decided during a divorce?
- What is a board certified family law attorney?
- Who should represent me?
- How will my property be divided in a divorce?
- Is alimony available in Texas?
- How much does it cost to get a divorce?
- What is a pre-nuptial agreement?
Insupportability is the most common ground for divorce in Texas. This is what is commonly referred to as a “no fault” divorce. Insupportability means that the couple is no longer able to live together as a married couple and there is no reasonable expectation of reconciliation. In some cases, the Katy divorce lawyers at Travers & Travers may recommend that you allege other grounds such as adultery, cruelty, abandonment or other grounds.
To file for a divorce in Texas, one of the spouses must be a resident of Texas for at least six months and of the county where the divorce is filed for at least ninety days prior to the filing. If you are unsure whether you qualify to file for divorce, the Katy divorce lawyers of Travers & Travers can help you determine whether you have met the residency requirements.
At a minimum, Texas law requires the expiration of at least sixty days before a divorce may be granted. After your initial interview with the Katy divorce lawyers of Travers & Travers, the attorneys will be better able to estimate the length of time before your divorce could be granted.
If you are served with divorce papers, you have a very limited time to respond to the lawsuit. The Katy divorce attorneys at Travers & Travers can prepare the proper response to the lawsuit. You should contact the law offices of Travers & Travers as soon as possible to schedule an appointment with one of our Katy divorce lawyers.
The State of Texas has guidelines to determine child support to be paid by one or both parents. Typically the amount is based upon the net resources of the parent who is ordered to pay child support. The Katy child support lawyers at Travers & Travers are experienced in determining this amount and in presenting appropriate evidence to the court for your particular situation.
If your child is over the age of 18, but has not yet graduated from high school, then so long as the child is fully enrolled in an accredited program leading to a high school diploma, the court may order child support beyond the age of 18. Also, under certain circumstances, the court may order child support for a disabled adult. The Katy child support lawyers at Travers & Travers can access your particular facts regarding child support beyond the age of 18.
Under certain circumstances, the court can increase or decrease the amount of child support at any time if one parent experiences a substantial change in circumstances. The court will determine if a change of circumstances has occurred and how, if any, the change of circumstances will impact the child support award. The Katy child support lawyers at Travers & Travers can advise you on the possibility of modifying your child support.
If you and your spouse have a child together, then the custody of that child should be determined as part of your divorce. If you can agree on custody, then it is likely that the court will approve your agreement so long as the agreement is in the best interest of the child. If there is no agreement on custody, then the court will decide. Conservatorship (custody) is determined according to the best interests of the child. The sex of the parents is not a factor for consideration. Typically the parents are named as joint managing conservators. On occasion, one parent is appointed sole managing conservator and the other parent is appointed as possessory conservator. The wishes of the child may be considered. The Katy custody lawyers at Travers & Travers will meet with you to determine how to proceed in custody litigation.
Very few attorneys in Texas are board certified in family law. Board certification is a voluntary program for attorneys who meet strict criteria and who successfully complete a lengthy examination. A board certified attorney must comply with requirements including minimum years of practice and must demonstrate experience and ability in a wide variety of family law issues. Additionally, a board certified attorney will have been evaluated and approved by fellow lawyers and judges. Sherrie Travers is a Katy divorce lawyer, and she is board certified in family law by the Texas Board of Legal Specialization.
Travers & Travers is a family of attorneys. The four attorneys at Travers & Travers work together on each case. This team approach provides you will the highest quality legal representation.
All the property you brought into the marriage or that was acquired during your marriage is referred to as marital property. With limited exceptions, all marital property in Texas can be characterized as either separate property, community property, or mixed. Your separate property includes (1) any property you owned prior to the marriage; (2) any property you acquired during the marriage by gift or inheritance; and (3) any recovery for your personal injuries that occurred during the marriage. Your community property includes any other property acquired by either spouse during the marriage. Some property may be identified as having a mixed character if the property has elements of both separate and community. Typically, your community property will be divided equally in a just and right division. Under certain circumstances, the court may find that an equal division would not be just and right with due regard for rights of each party and any children of the marriage. The characterization of your property has a great impact on how the property will be divided. The Katy divorce lawyers at Travers & Travers can help you determine the best way to present your property issues in court.
If you and your spouse agree, then the court can approve an alimony agreement. Otherwise, there is no provision in Texas for court ordered alimony. However, under very limited circumstances, the court may award maintenance (also called spousal support). The divorce lawyers at Travers & Travers can evaluate the circumstances in your case to see if you or your spouse qualify for maintenance.
The cost of a divorce is determined by the time involved and the complexity of the individual case. Obviously, if there are many issues in dispute, then your divorce is going to be more costly than a divorce with very few issues. The Katy divorce lawyers of Travers & Travers work diligently to resolve your divorce in a cost-effective manner.
Texas allows prospective spouses to make agreements in advance of marriage. This agreement is known as a prenuptial agreement which is a contract between the parties. The purpose of a prenuptial agreement is to settle alimony and/or property rights of parties upon dissolution of the marriage. The Katy divorce lawyers at Travers & Travers are experienced in preparing and analyzing prenuptial agreements.