Texas Family Law FAQs

Answered by the Divorce Attorneys at the Law Offices of Michael G. Busby Jr. in Houston, Texas

If you’re searching for trusted legal guidance on divorce, child custody, or property division in Texas, our team at the Law Offices of Michael G. Busby Jr. has compiled answers to the most frequently asked questions.

What is a Common Law Marriage in Texas?

In Texas, a common law marriage—also called an informal marriage—exists if:

• Both individuals agree to be married

• They live together in Texas as husband and wife

• They hold themselves out to others as married

There is no minimum time required, but both individuals must be at least 18 years old. If you’re unsure whether you’re in a common law marriage, contact the Houston family lawyers at the Law Offices of Michael G. Busby Jr. for a consultation.

Does Legal Separation Exist in Texas?

No, Texas does not recognize legal separation. Even with temporary orders in place, community property and debt continue to accumulate until the divorce is finalized. If you’re looking for legal separation alternatives in Texas, speak with a knowledgeable Texas divorce attorney at our firm.

What Are the Residency Requirements for Filing Divorce in Texas?

To file for divorce in Texas:

• One spouse must have lived in Texas for at least 6 months

• They must have lived in the county of filing for at least 90 days

An uncontested divorce can be finalized shortly after the 60-day waiting period. A contested divorce can take 9 to 12 months. Busby Law Firm in Houston can help you understand your options and filing timelines.

How Long Does It Take to Get Divorced in Texas?

By law, no divorce can be granted until at least 60 days after the Petition for Divorce is filed. The actual length of time varies depending on the complexity of your case. For guidance on expediting your divorce in Texas, contact the Houston divorce lawyers at Busby Law.

What is the Difference Between Community Property and Separate Property in Texas?

• Community Property: All assets acquired during the marriage

• Separate Property: Property acquired before marriage, or during marriage by gift, inheritance, or personal injury recovery

Community property is divided in a manner deemed “just and right” by the court. If you’re facing property division disputes, Busby Law Firm in Houston can help protect your interests.

How Does the Court Divide Property in a Texas Divorce?

The court may consider:

• Fault in the breakup of the marriage

• Differences in income, education, and health

• Age and special needs

• Separate property or expected inheritance

The divorce attorneys at the Law Offices of Michael G. Busby Jr. work to ensure fair outcomes for our clients during asset division.

Can I Request Temporary or Interim Relief During a Divorce?

Yes. Temporary orders can address:

• Child custody and visitation

• Spousal support and child support

• Use of property

• Attorney’s fees

A hearing can typically be set within two weeks of the request. For urgent matters, consult a Houston family law attorney at our office.

What Is a “No-Fault” Divorce in Texas?

Texas allows for no-fault divorces, meaning no wrongdoing must be proven. The most common ground is that the marriage is “insupportable” due to conflict or discord. Contact the Law Offices of Michael G. Busby Jr. for help filing for no-fault divorce in Texas.

What Is a Fault-Based Divorce?

Fault grounds for divorce include:

• Adultery

• Cruelty

• Abandonment

• Living apart for at least three years

Filing on fault grounds may influence the division of assets. Our Houston divorce lawyers can help you determine whether fault-based divorce is appropriate in your case.

Is Child Support Required in Texas?

Yes, Texas courts typically require one parent to pay child support, usually the parent who does not have primary custody. For accurate child support calculations, reach out to Busby Law’s family law attorneys in Houston.

How Is the Amount of Child Support Determined?

Child support is based on the paying parent’s net income. Standard guidelines are:

• 20% for one child

• 25% for two children

• 30% for three children

• 35% for four children

• 40% for five or more children

There are exceptions and adjustments based on individual circumstances. Our firm offers detailed child support consultations for parents in Texas.

What Types of Child Custody Are Available in Texas?

Texas law allows for:

• Joint Managing Conservatorship (JMC)

• Sole Managing Conservatorship (SMC)

The law presumes that JMC is in the best interest of the child. Let Michael G. Busby Jr., a Houston child custody attorney, help you understand your options.

What Is Joint Managing Conservatorship?

In a JMC, both parents share decision-making rights and duties. However, one parent may be granted the exclusive right to decide the child’s primary residence. The other parent generally receives visitation and may pay child support.

What Is a Standard Possession Order (SPO) in Texas?

An SPO outlines visitation for the non-custodial parent:

• 1st, 3rd, and 5th weekends

• Thursday evenings during the school year

• Alternating holidays and summer visitation

Modifications are available based on distance or other factors. Call the Law Offices of Michael G. Busby Jr. for help with custom visitation arrangements.

Download the latest Texas Standard Possession Order Calendar

Does My Child’s Preference Matter in Custody Decisions?

Children 12 or older may express to the court where they want to live, but the final decision is based on their best interests. Our firm can guide you through child custody hearings involving older children.

How Does the Adoption Process Work in Texas?

Adoption steps include:

• Termination of biological parental rights

• Child must live with adoptive parents for at least 6 months

• Background checks and home studies

• Court hearing to finalize adoption

Our Houston adoption lawyers are here to help guide you through every step of the process.

Can I Recover Attorney’s Fees in a Divorce or Family Law Case?

Yes. Courts may order one party to pay attorney’s fees based on financial disparity or enforcement of court orders. Speak with a Busby Law attorney to discuss whether your fees may be reimbursed.

Schedule a Consultation Today

If you’re navigating divorce, custody, or any family law issue in Texas, the Law Offices of Michael G. Busby Jr. are here to help. Contact us for a confidential consultation.