FAQ’s Regarding Divorce - Se habla espanol.

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Does one have to go to court to obtain a divorce?

A court of law is the only way in which one can obtain a divorce decree, dissolution, legal separation, nullity, or other form of terminating a marriage. Other than the termination of the marital estate, the court also has jurisdiction to resolve the other issues which are intertwined in the existing marriage which include but are not limited to, custody and visitation rights, division of property of the marital estate, spousal support, child support, restraining orders, etc.

What is involved in starting the process for a divorce or dissolution?

The first step would be the filing of a properly executed petition with the appropriate court. Service on the other party would then have to be obtained.

How long does the process take to obtain a divorce or dissolution?

The time period in Texas could be as short as sixty days. If there are contested issues involved, it can be several years before all of the issues involved may be resolved by the court.

How are Custody and Visitation issues decided?

Most often a judge will take great pains to get parents themselves to come to a mutually acceptable custody agreement if that is possible. A decision made by a stranger is rarely completely acceptable to all if the attempt has not been made in earnest. The family court systems of the states usually have layers of counseling, mediation and conciliation to attempt to bring warring parents together for the purpose of resolving the issue of what it is in the best interests of their children.

How can a parent remedy the frustration of visitation rights?

A variety of remedies are available to provide relief to the noncustodial parent who has had visitation rights frustrated. The noncustodial parent can commence an action to show cause concerning contempt for violating the court’s order pertinent to visitation. The court also has power to modify support, yet this works a hardship on the welfare of the child and is similarly not favored. Another alternative is to ask the court to require the custodial parent to post a monetary bond, which would be forfeited if the custodial parent frustrates visitation. Usually a history of frustration of visitation is the threshold which much be shown the court, not a sole incident.

What about visitation?

Generally a court will grant reasonable visitation rights to a parent unless it is shown that the visitation will be detrimental to the best interests of the child. A non-parent can in the discretion of the court also be granted if they have an interest in the welfare of the child, this is generally divided into the area of grandparents, step-parents and other non-parents. It should be noted that this is discretionary. The court may also approve visitation plans and restrictions considering factors relevant to the best interests of the child.

What Is Child Support?

Child support is a payment by one parent (often the non-custodial parent) to the other parent for the support of their common child. It is in the best interest of a child for both parents to be obligated to pay for the support of their child. An order for child support transfers the income/wealth from one parent to the other so that the combined incomes/wealth of both parents is available to use for the support of the child.

What is child support used for

Child support covers everything a child needs during the growth and formative years. Keep the following in mind:

A parent’s first and principal obligation is to support his or her minor children according to the parent’s circumstances and station in life; and
Children should share in the standard of living of both parents. Thus, the amount of a child support award is more than a question of bare necessities.

Who can be ordered to pay it?

A court can order either parent of a child to pay support to other parent. The court order for support is usually payable on a monthly basis. Many states now require that child support be paid by wage assignment (automatic deductions from the paycheck) whenever available, thus reducing the need for subsequent enforcement actions.

When can a child support order be changed or modified?

An order for child support can be changed or modified any time there is a material change in circumstances from the time that the existing child support was issued. A material change in circumstances can take many forms. The change can be the result of changes in the parent’s financial situation - such as appreciable difference in the amount of income earned, loss of a job, a large inheritance, or a change in the amount of time spent with the child. The material change in circumstance can be the result of a new situation for the child - such as large medical expenses, need for special education, or other unexpected requirements. A child support payment could be modified by stipulation between the parents (as long as guideline support factors have been accounted for) or by a noticed court hearing.

How long must child support be paid?

The duration of this responsibility depends upon state law. All states require both parents to be financially responsible for their child during the child’s minority, generally through the child’s high school years. A few states have extended the time for financial responsibility beyond the minority of the child. Child support can be terminated in the event of the death of the child, if the child goes on active duty in the armed forces, or if the child becomes emancipated or self-supporting.

How is the amount of child support determined?

Federal law now requires that the amount of a child support payment be set in accordance with a guideline. In Texas child support is 20% of the obligor’s income plus 5% for each additional child.