Divorce – Frequently Asked Questions
At the Shapiro Law Firm, we provide extensive family law services throughout the Dallas-Fort Worth areas and Collin County. Our attorneys have decades of experience taking on divorce cases and related issues. We often hear the following questions related to divorce:
Is it important to file first?
If you believe you are ready to file, there may be some advantages to filing first. While it will not make much of a difference in the large issues, one perk to filing first is that it may allow you to have a say in court dates and therefore organize your schedule for efficiency and optimization.
How long does a divorce case take?
Every divorce comes with its own unique set of complications. The length of a divorce will depend on issues like the significance of properties, child custody matters and the complexity of litigation if the divorce goes to trial.
Additionally, life does not stop because a divorce process is underway. Any matter of events could cause disruption to the divorce and add to its time frame. Generally, expect anywhere from six months to a year or more for the completion of your divorce.
Who gets to make major decisions about the kids?
The custodial parent has the right to make major decisions about children. That is not to say, however, that the noncustodial parent does not have rights or grounds to argue for the child’s best interest and safety.
How do Texas courts determine child support?
The courts follow strict guidelines that factor in the noncustodial parent’s average net monthly resources or income. Depending on the details of your case, they will base child support payments on a percentage of that net monthly income.
How is property division handled in Texas?
Texas is one of nine community property states in the nation. Courts distribute marital property in a community property state based on a 50-50 split, whereas an equitable property state divides property based on contributions and fairness.
Of course, you may choose to negotiate terms of property division without the need for a family court. In that case, you may divide the property how you and your ex-spouse see fit – provided you can come to an agreement.