Can Custody Orders Be Changed in Texas?

Yes, custody modifications can be made in Texas if there has been a “material and substantial” change in either parent’s – or the kids’ – circumstances. However, this process is very complex, and Texas courts are not likely to change existing custody orders unless you can wholly prove that it would serve the children’s best interests.

Our experienced Texas custody lawyers can help you determine whether you have a solid case for a custody modification before opening a can of worms that could bring about unintended consequences – book your free case evaluation today. 

What Does a Mediator Do? Are They Like a Judge?

No, mediators are neutral third parties – so they don’t side with one spouse or the other. Their role exists to help you navigate the complexities of your divorce by facilitating communication and guiding each of you toward mutually agreeable solutions. The mediator does not take sides or make decisions, so they can’t force you to agree to anything or impose a settlement on you. 

However, they can help identify the issues at hand, encourage constructive dialogue, and assist in finding creative solutions that work for both of you, and your kids (if you have them). The goal is to reach a fair and amicable agreement, avoiding the need for lengthy and costly court battles. Mediators can also help create a parenting plan, divide assets, and address spousal support, all while maintaining a respectful and cooperative environment.

What Are the Steps in the Divorce Process, and How Long Does that Typically Take?

The divorce process in Texas generally follows these steps:

1. Filing the Petition – One spouse files for divorce.

2. Serving the Other Party – The other spouse is formally notified.

3. Waiting Period – Texas law requires a 60-day waiting period before a divorce can be finalized.

4. Negotiation & Discovery – Both parties exchange financial and legal information and negotiate terms.

5. Settlement or Trial – If an agreement is reached, the divorce can be finalized without court; otherwise, it goes to trial.

Uncontested divorces may take a few months, while contested divorces can take 6 months to over a year, depending on complexity and court availability.

Do You Handle Contested and Uncontested Divorces?

Yes, our firm handles both. An uncontested divorce is generally faster and less expensive since both parties agree on all terms. Contested divorces involve disputes that require negotiation, mediation, or court intervention.

Can You Get Sole Custody in Texas?

Maybe, but probably not. Texas law presumes that both parents should act as joint managing conservators unless there are significant issues that warrant otherwise. Sole custody is generally reserved for situations where one parent is deemed unfit due to issues such as ongoing substance abuse, domestic violence, severe mental health issues, or neglect or abandonment.

If you believe joint custody would jeopardize your child’s safety or wellbeing and need help advocating for sole custody, contact our Austin custody lawyers today to book a free case evaluation.

Who Gets the House in a Texas Divorce?

Because Texas operates under community property laws, it depends on a few key factors, like when the house was purchased, which spouse (if any) was the cause of the breakdown of the marriage, the earning potential of each spouse, whether domestic violence occurred, and more.

Our Austin divorce lawyers can help you achieve a fair outcome. Get a free case evaluation now!

What Happens in a Texas Divorce When One Spouse Owns a Business?

Texas operates under community property law, meaning that any property attained during the marriage is considered jointly owned by both spouses (community property), while property owned before the marriage remains separate.

Everything bought, acquired, or formed during the marriage is considered community property. This includes businesses formed after marriage, no matter whose name is on the formation documents.

On the other hand, any business created prior to the marriage remains separate property, including the growth that occurred during the marriage.

Our Austin divorce lawyers can help you protect your business – get a free case evaluation now!

What Is No-Fault Divorce?

A no-fault divorce is the most common type of divorce couples file for, as it does not require either spouse to prove wrongdoing. Only one spouse has to attest that the marriage has broken down without hope of repair.

Get a free case evaluation now to learn more!

How Much Does Divorce Cost in Texas?

It depends on a few factors, like how complex your divorce is, whether the divorce is contested or uncontested, whether you have children, and whether you need limited- or full-scope legal representation.

However, average costs include:

• Uncontested divorce without children – $300-$5,000 (or more)

• Uncontested divorce with children – $1,000-$10,000 (or more)

• Contested divorce without children – around $15,000 (or more)

• Contested divorce with children – around $23,000 (or more)

Our Austin divorce attorneys can help you get a better idea of how much your divorce may cost based on your circumstances – get a free case evaluation now!

What Is Collaborative Divorce in Texas?

Collaborative divorce is an alternative method of dispute resolution which both spouses must agree to. It is similar to mediation in that it takes place mainly outside of court and is confidential, but different in that there is more structure involved with the process. It involves both spouses and their attorneys engaging in meetings with other experts (like child psychologists and financial professionals).

There are a lot of moving parts involved in a collaborative divorce, but our Austin divorce lawyers can help you determine whether it is the right path forward for your situation. Get a free case evaluation now to learn more!

Is There Alimony in Texas?

Alimony is referred to as spousal support in Texas, and it is only awarded in specific circumstances in divorce. The requesting spouse must demonstrate that they lack sufficient property or income to meet their minimum reasonable needs and that one of the following conditions apply:

• The non-requesting spouse has been convicted of, or received deferred adjudication for a crime of family violence committed against the requesting spouse or their children, and the offense occurred within two years before filing for divorce or during the divorce process

• The marriage lasted 10 years or more and the requesting spouse lacks the ability to earn sufficient income to meet their minimum reasonable needs, and is making efforts to develop skills or find employment (unless there are extenuating circumstances like a disability or caregiver responsibilities)

• The requesting spouse has a physical or mental disability that prevents them from earning an income sufficient to meet their needs

• The requesting spouse is the primary caregiver for a child with a disability, making it difficult or impossible for them to earn an adequate income

• Spouses agree to temporary or long-term spousal support as part of their divorce settlement

Our Austin divorce lawyers can help you understand more about the factors involved in determining spousal support in Texas. Get a free case evaluation now!

How Long After Mediation Is Divorce Final in Texas?

The timeline for finalizing a divorce after mediation depends on several factors, such as how long it takes for the Mediated Settlement Agreement (MSA) to be drafted and signed by both parties, how long it takes for the MSA to be reviewed and approved by a judge, how long it takes for the Final Decree of Divorce to be reviewed and signed by both parties, and whether or not a court hearing is required for finalization.

There is a mandatory 60-day waiting period before a divorce can be finalized in Texas. If mediation occurs after the 60-day waiting period and the MSA is quickly drafted and approved, the divorce can be finalized within a few weeks.

If mediation occurs early after filing, finalization may take longer due to the waiting period, court scheduling, and preparation of the final decree. However, in most cases a divorce is finalized within 2-6 months after meditation, barring any major delays or complications.

Our Austin mediation lawyers can help you understand more about how long you can expect your divorce to take – get a free case evaluation now!

How Do You File for Divorce in Texas?

By filing a document called the Original Petition for Divorce with the district clerk in the county where you live.

You must have lived in that county for at least 90 days prior to filing, and you must also pay the filing fee.

Filing on your own could lead to complications or unintentional mistakes – our experienced attorneys can help you with the paperwork and the entire process! Get a free case evaluation now!

What Is an Uncontested Divorce in Texas?

An uncontested divorce is a divorce in which there are no disagreements about what the parties want to happen (in regard to custody, property division, etc).

Uncontested divorces are typically much simpler and faster than contested divorces.

Our Austin divorce attorneys can help you navigate an uncontested divorce as smoothly as possible – get a free case evaluation now!

How Do I Get Full Custody in Texas?

Full custody, or sole custody, is rare in Texas.

The courts generally believe it is in a child’s best interests to spend a significant amount of time with both parents. However, if there is compelling evidence proving that shared custody would be adverse to the child’s safety and well-being (such as one parent who struggles with drug and alcohol addiction, or has a documented history of violence or abuse), the court will take this into consideration.

Our Austin custody lawyers can help you navigate any custody issues you are facing – when it comes to your kids, you deserve the best possible legal representation. Get a free case evaluation now!

What Is a Standard Possession Order in Texas?

A standard possession order (SPO) is a court-ordered schedule that determines how divorced or separated parents share time with their children.

They are typically issued in cases where parents cannot agree on a custom schedule, and it sets a default arrangement for visitation (possession and access). Terms of the basic SPO allow the noncustodial parent to have visitation with the child for a couple of hours every Thursday night, as well as the 3rd and 5th weekend of each month, alternating holidays, and at least one month in the summer.

How Can I Keep Legal Costs Down During the Divorce Process?

The best way to keep costs down is to stay organized and proactive. Providing requested documents promptly, keeping communication concise, and limiting unnecessary disputes can help reduce billable hours. If you and the other party can agree on key issues without excessive back-and-forth negotiations or court involvement, the overall cost of your divorce will be lower. We also recommend using mediation or settlement discussions whenever possible, as litigation tends to be the most expensive route.

What if I Was Mistakenly Established as a Child’s Legal Father?

You can file a mistaken paternity case with the court and ask to have your parental rights terminated. Our Texas paternity lawyers can guide you through this process and protect your legal rights throughout the duration of your case.

How Can I Challenge an Acknowledgment of Paternity (AOP) Signed by Another Party?

If the mother of the child in question and another man signed an AOP that established him as the legal father, but you believe you are the true biological father, you can file a paternity suit with the court as long as you did not sign the AOP or a DOP (denial of paternity) and:

• Less than four years have passed since the effective date of the AOP

OR

• The AOP is void

How Long Does a Paternity Suit Generally Take?

This will vary on a case-by-case basis because it largely depends on how busy the court is and how many cases are ahead of yours. While some cases might take as little as a few weeks, others may take several months, especially if the case is particularly contentious.