Can my wages be garnished for the child support I owe?

Yes, the court has the right to do so, and this is actually the most common type of child support collection. Although the non custodial parent has the right to dispute it, the custodial parent will generally go before the court and request a certain amount of the non custodial parent’s wages be withheld (up [...]

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Who will get custody of the children?

In most divorce cases involving children, Texas courts consider both parents to have a relatively equal say in raising and caring for the children. This is known as joint managing conservatorship, or JMC, for short. Typically, however, the child or children will reside with just one of the parents for the purposes of school, and [...]

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How do I get a custody modification?

To be granted a modification in your custody agreement, you must be able to prove that a substantial change has taken place which significantly affects the child’s stability. This would be things like a geographical move, substance abuse or neglect. Either parent may file for a custody modification, but they must be able to prove [...]

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Do I have a common law marriage?

Texas uses a 3 question test to determine if a couple is common law married: Are both parties intending to be married? Have you lived together as husband and wife? Have you presented yourself to others as if you were married? If you answered “yes” to all three questions, then you are considered common law [...]

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Will I be awarded alimony in my divorce?

Typically, no. Alimony, which is referred to as spousal maintenance in Texas, is only awarded under specific circumstances. An Example Situation for Spousal Maintenance One situation that spousal maintenance might be awarded is in that which one spouse has been out of the workforce for a significant amount of time because he or she was [...]

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Will our property be split 50/50 in the divorce?

While it’s true that Texas is considered a community property state, that doesn’t necessarily mean that your property will be split 50/50. According to Chapter 7 of the Texas Family Code: Award of Marital Property, courts have the right to make a “just and right” division of property, which may or may not be an [...]

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Does every divorce go to trial?

No, not at all. Very few divorce cases go to a trial. Most couples are able to reach an out of court settlement. These out of court settlements are often reached using mediation, collaborative law, settlement conferences, and simple negotiation over the phone. Of course, there are certain situations that may force you to go [...]

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Can I avoid child support by signing over my rights?

Probably not. Texas law recognizes that a child has a right to know both of his or her parents. Also, Texas courts want to make sure that children are supported and cared for. This is why they always try to do what’s in the “best interest of the child.” Unless there is another person that [...]

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Do I have to live in Texas to get a divorce here?

The Texas divorce residency requirements are fairly simple. There are two conditions that you must meet before you can file for divorce in Texas: Either you or your spouse must have been living in Texas for at least 6 months Either you or your spouse must have been living in the county in which you’re [...]

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What are the grounds for divorce?

Grounds basically means the reason for your divorce. In Texas, you can file for divorce based on fault grounds or no fault grounds. The fault grounds are adultery, cruelty (domestic violence), incarceration and abandonment. The no fault grounds are insupportability, living apart for 3+ years, and confinement in a mental institution. The vast majority of [...]

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