Understanding the process is essential to making informed decisions. These resources are provided to help you navigate the landscape of family law in Texas.
Answers to the questions our clients ask most — from timelines to stopping a divorce to special situations.
Explore ↓Practical guidance to protect your time, finances, and wellbeing throughout the divorce process.
Explore ↓Plain-language definitions of common family law terms — so you always know what your attorney is talking about.
Explore ↓Texas imposes a mandatory 60-day waiting period from the date your petition is filed before a divorce can be finalized. However, most divorces take considerably longer.
In certain circumstances, yes:
Important: Texas is a no-fault state. If only one spouse wants to proceed with the divorce, the divorce can still be finalized.
You can begin the divorce process while pregnant, but Texas law does not permit a divorce to be finalized until after the baby is born. Because the husband is the legal presumed father, paternity must be established — either through genetic testing after birth or through an acknowledgment or denial of paternity — before the divorce can be concluded.
Yes. Texas has recognized common law (informal) marriages since 1847. To qualify, all three of the following requirements must be met:
An informal marriage carries the same legal rights and obligations as a formal marriage — and requires a formal divorce to dissolve. Texas does not recognize informal or common law divorce. Proving an informal marriage is highly fact-specific; please consult with our attorneys to discuss your unique situation.
A retainer is an advance fee based on your attorney's hourly rate and the complexity of your case, paid at the time you hire us. Think of it as a down payment from which future attorney fees and costs are deducted as work is performed.
All of our retainers are refundable — meaning if your case concludes with unused funds remaining in your account, those funds are returned to you. We also work with clients to establish payment arrangements that fit their needs. Retainers may be paid by check, cash, or credit card.
Selecting legal representation is among the most important decisions you will make in a divorce. We recommend:
All marital property is either community property or separate property. The court may only divide community property — it has no authority to divide a spouse's separate property.
All property is presumed to be community property unless a spouse proves by clear and convincing evidence that it is separate. This can be a complex tracing exercise, particularly in high-net-worth situations.
Divorce is costly — both financially and emotionally. These strategies will help you navigate the process more efficiently.
Locate and gather important documents and financial records as early as possible. Bank and credit card statements, mortgage documentation, pay stubs, tax returns, retirement account information — your attorney will need all of these. Having them organized and accessible means fewer billable hours spent tracking down records, and keeps your financial picture clear throughout negotiations.
Experienced family law attorneys have seen every situation imaginable. Discretion and professionalism define our practice. If your attorney learns about a material issue — a secondary account, an affair, a prior legal matter — in the courtroom rather than in your first meeting, the cost and complication to your case increases dramatically. Full transparency with your attorney is always in your best interest.
Divorce is an emotionally exhausting experience, and it is important to have a trusted support system. However, your attorney bills by the hour. Reserving calls and emails for legal matters — and working with a therapist or counselor for emotional support — will preserve your retainer and allow you to approach legal decisions from a clearer, more strategic mindset.
If you and your spouse cannot communicate directly, every negotiation must flow through your respective attorneys — and you are billed for every minute. Even when communication is difficult, the ability to discuss matters directly — with professionalism, not emotional reactivity — can save significant time, money, and stress. Consider the hourly rate: you are effectively paying yourself that amount to reach agreement.
Your spouse will always be a co-parent to your children. The relationship will endure beyond the marriage. Decisions made from a place of logic, fairness, and calm — rather than anger or pride — produce better outcomes for everyone, including your children. Ask your attorney for perspective when emotion threatens to override reason. Focus on the future you are building, not the grievances of the past.
These definitions are provided to help you understand legal terminology. They are not intended as legal advice.
The following guidelines are not enforceable laws — they are a framework for dialogue between co-parents committed to protecting their children's wellbeing throughout and after the divorce process.
This is an abbreviated version. Contact our office for the complete Children's Bill of Rights.
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