Divorce FAQs

Texas Divorce Attorneys

The divorce lawyers at the Law Offices of Howard E. Watt answers frequently asked questions about divorce in Texas. Located in Denton, our law firm has been helping clients resolve difficult marital and family problems for more than three decades. It is important to remember, every case has unique circumstances. Below are general answers about divorce in Texas, however, because every case has unique circumstances, we urge you to contact our office to discuss your specific situation.

What are grounds for divorce in Texas?

Texas has “no fault” divorce, also known as “insupportability.” A no-fault divorce will be granted if one or both, spouses assert that the marriage cannot be continued. This could be due to fighting, personality conflicts, growing apart or any other reason, which makes the couple incompatible. Texas also has "fault" grounds that are not necessary to obtain a divorce, but which may be considered in the Court’s determination of custody or duration of community property.

What are Simplified or Special Divorce Procedures in Texas?

In Texas, the court may refer a suit for dissolution of a marriage to arbitration, mediation or collaborative law procedures upon written agreement of the parties. The court may also direct the court may direct the parties to counseling, while a divorce is pending and may refer the case to mediation without the parties’ agreement.

How long does it take to get a divorce in Texas?

The time it takes for a divorce to be granted can vary depending upon the circumstances of your divorce. Divorces where there are no children, no real property, and where there is agreement on major terms of the divorce can be completed in a period slightly in excess of 60 days. Many divorces are more complicated and can take many months to become final. After we meet with you and assess your situation, we can provide a better time estimate.

How is child support calculated?

According to the Texas Family Code, child support is calculated by multiplying a set percentage by the paying parent's net income. Net income is calculated by subtracting withholding taxes, union dues and health insurance premiums for the children, from gross income. Parents with only one child to support will pay 20% of their net earnings. For a father paying support for two or more children with the same mother, support will be more, depending on the number of children. However, a father paying support for two children with different mothers will pay 17.5% of net earnings to each child. These percentages will only apply to the first $6000 of net earnings, unless extraordinary needs exist.

How is custody determined in Texas?

Texas Courts usually grant both parents the title of “joint managing conservators,” which means that the parents share most rights to make decisions for the children. Joint managing conservatorship does not apply in cases of domestic violence or other difficult circumstances such as one parent being uninterested in parenting. In these cases, the court would order a sole managing conservatorship In a court-ordered joint managing conservatorship, one parent has the exclusive right to determine the primary residence of the children, often with a restriction on that right to a particular geographic area, and the other parent visits with the children in accordance with a very specific and detailed visitation schedule.

In a divorce, what financial mistakes do couples often make?

Among the most common financial mistakes people make when they divorce is not discussing the tax ramifications with an accountant in order to take full advantage of the federal income tax code. Property transfers in a divorce settlement, for example, may have hidden consequences. If a party sells property allocated to him/her pursuant to a Judgment for Dissolution of Marriage, there may be capital gains taxes associated with the sale, not taken into consideration when valuing the asset. Couples can use other tax strategies couples to their advantage in reaching a divorce settlement. It is wise to consult an accountant about your particular circumstances.

When a couple divorces, how is property divided?

Texas is a community property state. In a divorce or annulment, the court orders equitable distribution of marital property with due consideration of the rights of both parties and their children. Marital property is all property acquired during the marriage, regardless of whose name is on the title. Property acquired before the marriage or after a legal separation, inheritances and gifts, and pain and suffering awards are separate property. With regard to IRAs, pensions, annuities and other retirement plans the court retirement, the court will determine the rights of both parties and divide the accounts accordingly.

Contact a Texas Divorce Lawyer

When you need legal advice and guidance concerning divorce or other sensitive family law matters, please call our Denton, Texas law firm (940) 387-0565 or our Metro number at (972) 434-3830 or toll free at (800) 685-5785. We will be glad to arrange a confidential consultation to discuss how an attorney/client relationship with our firm can benefit you and your family.

Texas divorce lawyers offer legal services for clients throughout Denton County including the towns of Carrollton, Flower Mound, Highland Village, Justin, Lewisville and Sanger.