Family Law Questions Answered

Many of our clients have never used a family lawyer before, and we know you probably have a lot of questions. Below are answers to some of the questions we hear most often. If you have don’t find the answer to your question here, please call our family law office in The Woodlands, Texas at (281) 222-9113

Do I need a family lawyer?

If you were served divorce papers or any other Court summons for child support, child custody, paternity, or other family law issues you need to hire a family lawyer. A family lawyer provides professional legal counsel and guidance when there are changes in families, such as divorce or adoption. If your opponent has a family law attorney handling their case and you do not, the likelihood of you getting what you want in Court is very low. If you’re going to battle for custody, dividing property in a divorce, or seeking child visitation you need to an experienced family law firm on your side.

What kinds of family law cases do you handle?

Here at the Law Office of Diana Cavazos, we handle a wide range of family law cases. We deal with the many legal aspects of divorce, including contested divorce, modifying a divorce decree, and dividing property in a divorce; child custody, custody modifications, paternity and visitation agreements; alimony and spousal support; marriage annulments; domestic violence and family violence; ending common law marriages, and grandparents rights. In addition to handling divorces, we also handle other family-related issues, including adoptions and name changes.

These are just some of the areas where we represent clients. If you have any issue that involves a spouse, domestic partner, children, or any other family-related matter, please call us a call, and we will be glad to talk to you and let you know if we can help.

Can I win in family court without a lawyer?

You have the right to go to family court on your own, without a lawyer, but in most situations, that’s a bad idea. Family law cases can be very complicated, especially when the divorcing couple has children, and an experienced family law attorney knows what you need to do. If you are on your own, getting a divorce can be intimidating and overwhelming. With a good lawyer working on your behalf, you can feel confident that you are prepared, ready, and giving yourself the best chance possible to get the results you want at the negotiating table and in court.

If you and your spouse are not in perfect agreement about all child custody and visitation arrangements, then an experienced family law attorney can represent your wishes so that you have a strong bargaining position. In addition, if your spouse has a family law attorney and you do not, you could be at a serious disadvantage when it comes to negotiating and appearing in court.

Is divorce law the same in every state?

No. Divorce law lies within family law code, and it varies at the state. That means that Texas has its own set of rules for family law cases and uses its own legal terminology.

How long must I live in Texas before filing for divorce?

To get a Texas divorce, at least one spouse must be a resident of the state for at least six months.

What’s the difference between fault & no-fault divorce?

In a fault divorce, one or both of the divorcing spouses allege that the other person is at a fault for a specific reason, such as adultery. In a no-fault divorce, the spouses do not have to prove that the other person did anything wrong. In divorces where one party is named at fault, the judge takes the party’s fault into consideration when making decisions regarding asset division, spousal support, and financial responsibility.

Does Texas have fault or no-fault divorces?

Texas has both kinds of divorces. There are advantages and disadvantages to choosing each one. For example, no-fault divorces are simpler, but fault divorces may give some people an advantage when it comes to alimony and dividing property. It all depends on your individual circumstances, so you should talk to a Texas family attorney to find out which type of divorce would be best for you.

Is Texas a community property state?

Yes. Texas is a community property state. That means that the income that either or both spouses earned during the marriage, along with any property that either or both bought with those earnings, is considered community property and is split evenly when there is a divorce. Debts acquired during the marriage are also split 50/50.

However, not all money or property that the spouses own is community property. Some, such as property a spouse owned before the marriage, is considered separate property and is not divided at divorce.

If you have any questions about community property or any other aspect of family law, please give us a call. We will be glad to set up a meeting to answer your questions and discuss what you should do next.