Question 1

Is Texas a community property state?

Accepted Answer

Yes. Texas is one of nine community property states, which means most assets acquired and income earned by either spouse during the marriage belong equally to both spouses. At divorce, the court divides the marital estate in a manner the judge considers just and right, which is not always a 50-50 split.

Question 2

How long does a divorce take in Texas?

Accepted Answer

Texas law requires a minimum 60-day waiting period from the date the divorce is filed before a court can finalize it. An uncontested divorce can be completed shortly after that window. Contested cases involving custody, complex property, or business interests often take 6 to 12 months or longer.

Question 3

How is child support calculated in Texas?

Accepted Answer

Texas uses statewide guidelines based on the noncustodial parent's net monthly resources and the number of children before the court. Base support is typically 20 percent of net resources for one child, with the percentage increasing for additional children, subject to a statutory cap. Health insurance, dental, and uninsured medical costs are addressed separately.

Question 4

What is the difference between joint and sole conservatorship?

Accepted Answer

Texas uses 'conservatorship' rather than 'custody.' Joint managing conservatorship means both parents share rights and duties, though one parent usually has the exclusive right to designate the child's primary residence. Sole managing conservatorship gives one parent the exclusive right to make most major decisions, typically reserved for cases involving safety concerns, neglect, or family violence.

Question 5

Can a parent relocate out of state with the child?

Accepted Answer

Most Texas custody orders include a geographic restriction limiting where the child can primarily live. A parent who wants to move outside that area must either obtain the other parent's written agreement or file a modification asking the court to lift or change the restriction. Acting before you move is far easier than asking forgiveness afterward.

Question 6

What is a protective order and how do I get one?

Accepted Answer

A protective order is a civil court order that prohibits an abuser from contacting, threatening, or coming near the protected person. To obtain one in Texas, you file an application showing that family violence has occurred and is likely to occur again. The court can issue a temporary ex parte order the same day and set a hearing within 14 days for a final order.

Question 7

Do you serve clients outside El Paso?

Accepted Answer

Yes. Our office is in El Paso, but we represent clients throughout Texas and accept matters in surrounding counties. We also assist clients with cross-border ties to New Mexico and matters involving service members stationed at Fort Bliss.

Question 8

Do you offer consultations in Spanish?

Accepted Answer

Yes. Our team is fully bilingual. You can call, email, or use the contact form in English or Spanish, and your consultation will be conducted in the language you are most comfortable speaking.

Practice Areas

Family Law

Divorce

Property Division

Child Support

Child Custody & Visitation

Modification & Enforcement

Domestic Violence & Protective Orders

Common questions

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