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FAQs About
Texas
Family Law

Frequently Asked Questions About Texas Family Law

How long does it take to get a divorce in Texas?

It takes a minimum of 61 days to get a divorce in Texas. It’s important to understand that the more conflict there is between both parties the longer it will take to meet an agreement and finalize the divorce decree. Read our tips for reducing conflict in a divorce.

Can a child decide which parent to live with in Texas?

In Texas, a child may not determine which parent they will live with at any age under 18.  In some cases, if a child is over 12 years old their input for who they want to live with may be considered in court. However, that is only one factor, amongst others, that the court may consider to make the final decision. Learn more about custody battles and the individuals involved in making custody decisions.

Do I need a lawyer to get divorced in Texas or can I file on my own?

Yes, you can file for a divorce on your own. It’s best advised to seek a family lawyer who can help you understand the terminology used in courts and to meet deadlines on time. There are many forms and responses the court requires during the process of divorce and if they are not filed within the deadline it can lead to a dismissal of your case.

Trying to file for divorce on your own can quickly become complicated and messy if you don’t know what you are doing. Since every case is unique, we recommend consulting with a family law prior to moving forward to get an idea of how involved your case may be. Speak to a lawyer now or schedule a FREE consultation.

Can a parent keep a child from the other parent without a court order in Texas?

If there is no court order to determine parenting time either parent can keep or take the child whenever they’d like. The court cannot enforce a parenting plan with no court order in place. Use our parenting time calculator to see what your parenting schedule may look like.

I owned my Texas home before I got married, can my partner take my home?

In Texas, marital property is considered any property purchased after the marriage. Any property purchased before the marriage is considered separate property and goes with the owner during the divorce. However, it does get a little more complicated than that. If the other party invested in paying bills or home improvements then they may be entitled to a share of the property as well. Speak with a Texas family lawyer now to discuss the details of your unique case or schedule a FREE consultation.

What are the different types of Texas family law?

There are many different types of cases covered under Texas family law:

  • Divorce w/ or w/o children
  • Allocation of Parental Responsibilities
  • Child Support / Spousal Support
  • Adoption
  • Domestic Violence Restraining Order
  • Child Protection Services
  • Paternity
  • Grandparent and non-parent rights
  • Property and Debt Division

Learn more about the different types of Texas family law cases.

Can I still receive child support even if I wasn't married to the other parent?

Yes, the custodial parent is eligible to receive child support even though the parents were not married. Child support is the financial responsibility of a parent for the child regardless of the party’s relationship status or living arrangements. Learn how child support is calculated in Texas.

Are conservatorship and custody the same thing?

In Texas, the term “conservatorship” is used rather than “custody”. There are sole managing conservatorship and joint managing conservatorships which basically means one is a custodial parent and the other is a non-custodial parent. These types of conservatorship can either be agreed upon by both parties or be put in place by a court order. Learn about conservatorship in Austin or conservatorship in San Antonio.

How do you change a divorce agreement?

A divorce agreement can be changed by filing a modification of the agreement, this is considered a Post Decree Modification. A Post Decree Modification can be filed when there are substantial changes in a party’s circumstances. This can include parenting time, visitation, child, and spousal support. Speak to one of our Texas family lawyers today about your post-decree modification.

What factors does the court consider for custody agreements?

The court always takes the child’s best interest into consideration when making the final decision regarding parental responsibilities. These are a few of the factors considered:

  • Child’s living arrangement
  • Reports of child abuse or neglect,
  • The well-being of the child while with the parent,
  • Any physical or mental health issues that would prevent the parent from taking care of the child.

Have A Different Question?
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Our experienced Texas family law attorneys have the knowledge, resources, and dedication to prepare your case and protect your interests to find the best possible outcome.


Meet Our Team Of Experienced
Texas Family Lawyers

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Marie McGrath
Managing Attorney
Austin, TX

Austin family lawyer J. Riggs

J. Riggs
Associate Attorney
Austin, TX

San Antonio family lawyer Ava Louviere

Ava Louviere
Associate Attorney
San Antonio, TX

San Antonio family law attorney Hannah Soliz

Hannah Soliz
Associate Attorney
San Antonio, TX


See What Our Clients Are Saying About Our Family Lawyers in Texas

Benji Kelso
Benji Kelso
April 13, 2022.
Brian and Yenesis were really great to work with. They are extremely thorough and know this area of law very well, and they won my case!
Larry B
Larry B
April 7, 2022.
I Spoke with Kiana today and she was very informative and thorough in her explanation of what my situation would entail, and she said I could probably do a divorce without their assistance . I really appreciated her honesty. l would recommend their service to anyone who needs help with their divorce.
Grace Osberg
Grace Osberg
April 1, 2022.
Nick and Jordan are hardworking and dedicated to their clients. I would recommend them to anyone seeking family law advice.
Megan Sexton
Megan Sexton
March 29, 2022.
I had the best experience working with Brian as My Attorney and Yenesis. I felt fully supported while they worked diligently fighting for myself and my children in my very intense divorce case.
Marva Short
Marva Short
March 21, 2022.
Modern Law Firm did a wonderful job handling a post divorce decree matter. Both Attorney Nick Totallian and Jordan Moore were diligent and thorough in bringing this case to a close.
Shiri Dennison
Shiri Dennison
February 19, 2022.
I spoke with kiana she dedicated her time to answer all my questions I didn't feel rushed and I got the answers I needed. She was very personable, very sensitive to the situation and helped me make a decision for a plan thank you so much I appreciate your law firm and your great service.
Shawndra Homeschool
Shawndra Homeschool
January 26, 2022.
Let's be honest, nobody wants to see themselves in a position where a family law attorney is ever needed. However if the situation does arises, Modern Family Law is the only place I’ve trusted with protecting my children and myself. I researched endlessly - day and night - before ultimitly putting my new, terrifying and time sensitive reality into their hands. This is when Brian Litzinger and Jordan Moore were introduced into my life. What had transpired into a “mess”, has now been avoided from becoming an absolute disaster. Thanks to the endless, hard work Brian and Jordan have dedicated. I can now rest assure, that the best outcome will be achieved. I can’t begin to thank Modern Family Law enough.

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Austin Office

8701 N Mopac Expy Suite 105,
Austin, TX 78759

San Antonio Office

70 NE Interstate 410 Loop Suite 700,
San Antonio, TX 78216


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