Family Law

The practice of Family Law includes such issues as divorce, child support, visitation, division of assets or property among other things.

COMMONLY ASKED QUESTIONS

• How long does it take to get a divorce?

• What can I do if my spouse won't give me a divorce?

• How much does it cost to get a divorce?

• What does Joint Custody mean?

• What type of visitation rights am I entitled to with my children?

• What type of child support will my children receive?

How long does it take to get a divorce?

Generally speaking, under Texas law, you must wait 60 days from the date you file the divorce petition before a final hearing may be held on your case. It is possible to have temporary hearings prior to that time in order to temporarily resolve issues such as child support, child custody, and property use.

What can I do if my spouse won't give me a divorce?

Texas is a "no-fault" divorce state, enabling a spouse to petition the state district court for a divorce without having to prove a party is at fault for the breakup of the marriage. This enables a party to obtain a divorce without having to prove some of the traditional grounds of obtaining a divorce, such as abandonment, adultery, cruelty, etc., although those methods may still be used.

How much does it cost to get a divorce?

The cost of obtaining a divorce should be discussed with your attorney at the time of the initial consultation. Fees vary widely depending on the complexity of the issues and the time involved in working on your case. Once you have visited with one of the attorneys in our office, you can then decide whether or not you want to engage our firm to handle your case.

What does Joint Custody mean?

Joint custody in Texas is the preferred method of the Courts in deciding the custody issues of children. Joint custody does not mean that the child spends equal amounts of time with both parents, but rather that both parents may have rights to consult with school officials regarding the child's welfare and educational status, attend school activities, be designated a contact person in case of an emergency; consent to medical, dental and surgical treatment of the child during an emergency; access medical, dental, psychological and educational records of the child and to exercise other rights which the court may enumerate. Only one parent has the right to determine the primary residence of the child, and the other parent will have specific rights given in the order of the court as to when the other parent will have possession of the child.

What type of visitation rights am I entitled to with my children?

The most common possession schedule under Texas law is what is called the Standard Possession Order. Generally speaking, this designates the first, third and fifth weekend of each month; Wednesday evening or night, time of at least 30 days in the summer, and alternating holidays. Each visitation schedule may be varied, depending on the needs and best interest of the child. You should visit in person with one of our attorneys to receive answers regarding your specific questions about custody or visitation.

What type of child support will my children receive?

Child support is payable under Texas law for as long as the child is under the age of 18 or until the child graduates from high school, whichever occurs last. Child support is determined on a percentage basis of the Payor's net income. Net income includes 100 percent of all wages, salary income and other compensation for personal services, including overtime, tips and bonuses, royalty, interest, self-employment income, net rental income, among other things. Net income is derived by deducting taxes, union dues, and the cost for health insurance coverage for the children. The percentages for child support are determined by the number of children in the marriage and the number of other children the Payor is obligated to support. Child support cannot be modified retroactively, therefore the amount of child support that is set by the court remains the same until changed, regardless of whether the Payor's income goes up or down. Therefore it is important that you act quickly to lower your child support if you have a decrease in your income and are unable to meet that same obligation.

The Law Office of Monte J. White and Associates will be glad to answer your questions regarding the issues involved in your family law case. All attorneys are licensed by the State Bar of Texas and have experience in the areas of Family Law. Contact us for a free consulation.