Family Law & Divorce

Every state has its own set of Laws for the smooth running of its various procedures. These laws have to be observed by the people living in that state, whether they are permanent dwellers or not.

Divorce and Family Legal Law

The state of Texas has well defined family and divorce laws. Here is a list of some commonly asked questions when it comes to Family Law and Divorce in the state of Texas:

Which of the Spouses can file for Divorce

It does not matter to the law that which of the spouses files for a divorce. There is practically no advantage associated to it, except maybe that the one who has filed for it gets to talk first in the court.

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Under which Circumstances can a Divorce be filed

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There are no set conditions under which you can file for a divorce. The other person does not have to be on fault at all. If the couple haven’t any mutual understanding and they feel that things are not working out well, both can certainly go for divorce. However, if the spouse has personality issues and has cheated, then one should mention these things in petition to gain an advantage.

How Much Time is required for a Divorce to get finalized

Under normal court proceedings, it takes up to 60 days minimum for a divorce to get final. However, there various factors which are involve when it comes to making a divorce effective, which can take much longer than the stated 60 days.

Who Gets the Custody of the Child?

Divorce Issues in Texas

Couples with children further go through different procedures for child custody. While there are many factors in which the spouse gets to keep the children. Court always make its decision based on child’s benefit and interest which can be physical as well as emotional.

What to do if Your Ex is not Paying Enough Child Support

If your ex isn’t paying enough child support then you have to come to the court with its physical proof. You are eligible for an increase in child support if you are able to prove that the expenditures of child have increased considerably over a period of time. It is also necessary that more than 3 years have passed since you have been granted with the custody of the child.

Can The Child Decide Where He Wants to Live?

child custody issues

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If your child is older than 12 years of age, the decision of who he/she wants to live with is made by the child instead of court. Child can also sign a “Choice of Managing Conservator,” a document which is signed by the child.

This document consists of all the living arrangements which child’s wishes to be made while living with a certain parent. However, this document is not binding for the court, as it can still take a decision when it comes to the child’s best interests.