Is there a waiting period for a divorce?
Yes. TFC§ 6.702 specifically prohibits the "granting" of a divorce prior to the 60th day after the divorce is filed. In other words, from the date the original paperwork is filed with the court you must wait a minimum of 60 days. This does not mean that your divorce will be final in 60 days, it is just the minimum time you must wait for final paperwork to be approved by the court.

If my divorce or child custody matter is contested, can I be locked out of my house or can I lock my spouse out of the house?
In the absence of a court order prohibiting it, an owner of a home is permitted to change locks. This approach, however, can certainly backfire when the Judge later determines that the change of locks was due to gamesmanship and not for protection or pursuant to a previous agreement between the spouses.

A court order preventing your spouse from access to the home typically requires a hearing before the court with both parties present. However, TFC § 3.006 allows the court to temporarily exclude a party from a residence without a hearing if a sworn affidavit is provided to the court which shows family violence has recently occurred or there is a clear and present danger of family violence occurring. It is also important to note that, in the event family violence or threat of family violence has occurred, a spouse may request a Family Protective Order which could exclude the other spouse from the house and prevent them from being within a set distance from the home (i.e. 500 to 1000 feet).

Who pays the bills while the divorce is pending?
If a request for a temporary hearing is not made when the divorce is filed, bills will be paid only by agreement of the parties while the case is pending. This can be frustrating when one spouse does not abide by the agreement. If a request for temporary hearing is made, the court can enforce the order with respect to which spouse will pay what bills. Some important considerations by the court will be the income of both parties, which spouse has historically paid the bills in issue and which spouse was responsible for creating the bills. The advantage of Temporary Orders is that the court can enforce them.

What percentage of my income will go to child support?
Texas has published guidelines which are based on the "Net Resources" of the paying party. These guidelines are typically applied to the first $6,000.00 net resources of the paying party. However, these guidelines could vary depending on the circumstances of the parties and of the children for which support is owed. Normally, the court would award 20% for one child, 25% for two children, 30% for three children, 35% for four children and 40% for five or more children.

If the "paying" parent has other children for whom support is owed that are not before the court these guidelines will be typically reduced.

Can I get "alimony"?
Chapter 8 of the Texas Family Code specifically discusses the law with respect to "maintenance" or what most people call "alimony". TFC § 8.051 or TFC § 8.052 discuss in detail who is eligible for maintenance and factors the judge must consider when determining whether a spouse is eligible for maintenance. As a general rule, it is easier to get spousal support while a divorce is pending than it is to obtain it at a final hearing. In the event "alimony" is awarded by the judge, TFC § 8.055 limits it to the lesser of $2,500.00 a month or 20% of the paying spouse's monthly gross income. In the absence of an agreement for a longer period of time, TFC § 8.054 limits "alimony" to three years except under specifically unusual circumstances involving physical or mental disability, duties as custodian of an infant or young child or another compelling impediment to gainful employment.

How does the court decide "custody"?
Let me pull out my magic 8 ball—just kidding. When you open up the Texas Family Code Chapter on "Conservatorship" which most people refer to as "custody", I believe our legislature put the most important concepts at the front. TFC § 153.001 specifically states the "public policy" of the state of Texas is to:

TFC § 153.002-153.009 also make it clear that in determining "custody" the court's primary consideration will be the best interest of the child. The court may not discriminate on the basis of gender or marital status and the court will consider the history of domestic violence, agreements of the parties, and in some cases, the preference of the child (12 years or older) or any other relevant factor.

Can you be married without a formal ceremony?
Yes, these marriages are known as "common law" marriages and are called "informal marriages" by the Texas Family Code. TFC § 2.401 and TFC § 2.402 allows informal marriages to be proven by:

If I was not married and I have a child with someone, can I obtain a court order with respect to child support, "custody" or "visitation"?
Yes, Texas has adopted the Uniform Interstate Family Support Act and the Uniform Parentage Act, which are respectively chapters 159 and 160 of the Texas Family Code. These chapters and other provisions of the Texas Family Code allow a party, not married, to seek court orders with respect to conservatorship, visitation or child support that are in the best interest of the child.

Do I have rights as a grandparent with respect to my grandchildren?
Yes, the ability of a grandparent or other non-parent to seek court orders with respect to any child is discussed extensively in Chapters 102 and 153 of the Texas Family Code. The extent of these rights would depend on the specific circumstances of the grandparents, parents and child in question.

What can I do if my spouse is not abiding by the divorce decree?
A Texas divorce decree can be enforced by an "Enforcement Action". Chapter 157 of the TFC discusses in detail many of the enforcement options and procedures. Not all terms of a divorce decree can be enforced by contempt, such as confinement in jail. Simply filing a "Petition for Enforcement" is the typical means by which attorneys seek enforcement of the majority of the provisions in a decree regarding children or spousal maintenance. To the extent that other financial provisions in a decree are not enforceable by contempt, they may be enforced by a judgment, which can bear interest and be recorded in the county of residence of the debtor.

Can I "change" the "custody", "visitation" and/or child support agreements we had in the original divorce?
Yes, however, it would depend on the specific evidence before the court. Chapter 156 of the Texas Family Code discusses in detail what is required in order to "change" or "modify" a prior court order regarding "custody", "visitation" or "child support". As a very general rule, the court is comparing the circumstances of the parties and the child on the date of the prior order (or mediation agreement) with the circumstances of the parties and the child on the date the request for a "change" or modification is heard by the court. While there are other significant details the court will consider, a few of the primary considerations will be whether anything has materially or substantially changed and whether the requested modification is in the best interest of the child.

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