Frequently Asked Questions About Family Law
The process of resolving a divorce or any other family law issue can be overwhelming. However, our legal team at Scott, Ray, Pemberton & Goll, PLLC, is here to help. We field questions and provide answers for our clients on their cases and general family law information.
Below are some questions we are often asked when talking with our clients about their family law cases. To learn more or to schedule a consultation, please call our Greenville firm at 972-525-5872 or contact us online.
How long does a divorce take in Texas?
In Texas, the final divorce decree is not issued by the courts for at least 60 days. However, it is unusual for a divorce to take that small amount of time. Usually, a divorce takes anywhere from six months to one year or more. This depends on all of the issues involved, how cooperative the spouses are, what avenue of resolution is being used and other factors.
What is a no-fault divorce?
A divorce is considered no-fault when neither party has committed any marital misconduct, such as adultery or abuse, to cause the breakup of the marriage. When both parties are in agreement that the marriage is irreparable and they will divorce, it is not only a no-fault divorce but also an uncontested divorce.
How is child support determined?
Child support is determined by a set of state-established guidelines. In determining how much the noncustodial parent will pay, the number of children is the main factor taken into account. The amounts are as follows:
- One child – 20% of the parent’s monthly income
- Two children – 25% of the parent’s monthly income
- Three children – 30% of the parent’s monthly income
- Four children – 35% of the parent’s monthly income
- Five children – 40% of the parent’s monthly income
- Six children – Not less than 40% of the parent’s monthly income
There are other factors that may be taken into account by the courts, such as time spent with the child, childcare costs, health care costs and other necessary child-related expenses. Your lawyer can help you understand what to expect by evaluating your individual situation and giving you a straightforward assessment.
How often will I be able to see my child?
Physical custody schedules are based primarily on the best interests of the child. Visitations and overnights should be as frequent as schedules allow, in order to involve both parents in the child’s life. However, each case is different and the amount of time you get to see your child will be determined by the court after assessing all aspects of the case. Cooperative co-parenting is encouraged when the circumstances of both parents merit regular access to the child.
Will I get alimony?
You may possibly get alimony (spousal support). However, each case is different and not all qualify for alimony. The courts will consider a range of factors before determining if alimony is owed, including:
- Length of the marriage
- Age of the parties
- Financial contributions to the marriage by each party
- Income-earning potential of each party
- Financial liabilities of each party
Why do I need a family law attorney?
While it may be possible to handle your divorce or other family law matters on your own, it is typically not advisable. Your lawyer is knowledgeable in the statutes and case law that govern these cases, as well as the documents that need to be submitted and time constraints of the case. Your lawyer can ensure that you have completed and submitted the proper documentation in a timely manner, as well as protect your best interests throughout the case.