FAQs

The Griffin Firm - Keller/Alliance Attorney

  • I am getting divorced. Do I need an attorney?

    While it's possible to represent yourself in family court for a divorce, doing so without legal guidance may result in unintentionally forfeiting your rights or agreeing to unfavorable terms. Many individuals are unaware of their property entitlements or what constitutes a reasonable child custody arrangement. To protect your interests, it's advisable to consult with an attorney as soon as you consider divorce or receive divorce papers.
  • Is Texas a 50/50 community property state?

    Texas is indeed one of nine community property jurisdictions in the United States. This generally means that property acquired during a marriage, with some exceptions, is equally owned by both spouses. Our legal team can assist in ensuring you receive the assets to which you're entitled. It's worth noting that, according to Forbes, approximately 43% of first marriages end in divorce. Our experienced attorneys are prepared to guide you through this challenging process.
  • Who determines how assets are divided in a divorce?

    If you and your spouse are unable to reach an agreement on property and debt division, a judge will make the determination in a final hearing. The judge will divide community property and debt in a manner deemed 'just and right'. Our legal team can provide guidance on the most appropriate steps to take throughout this process.
  • What are the grounds for divorce in Texas?

    Texas recognizes both no-fault and fault-based grounds for divorce. The most common no-fault ground is 'insupportability', which refers to an irretrievably broken marriage with no reasonable expectation of reconciliation. Fault-based grounds include adultery, cruelty, abandonment, and felony conviction resulting in imprisonment. While fault-based grounds may influence decisions on property division, spousal support, or custody, they are not necessary to obtain a divorce in Texas. Our firm can assist you in navigating these legal complexities.
  • How do courts determine who gets custody of children in a divorce?

    In Texas, child custody decisions are based on what the court determines to be in the best interest of the child. Courts typically encourage parents to reach agreements through mediation first. In some instances, a judge may order a custody evaluation to assess the most suitable situation for the child. Our legal team is prepared to support you throughout this entire process.
  • What is joint custody?

    Joint custody is a legal arrangement that allows both parents to make important decisions regarding their children. However, it does not necessarily determine parenting time. Typically, one parent is granted physical custody while the other receives visitation rights. Our attorneys can assist you in achieving a satisfactory custody arrangement.
  • How is child support determined in a divorce or child support case?

    The Texas family code provides guidelines for calculating child support. For one child, the obligor pays 20% of their monthly net resources. This increases to 25% for two children and 30% for three children. Our legal team can help you navigate this complex process and ensure fair child support arrangements.
  • What happens if a parent does not pay court-ordered child support?

    Intentional failure to pay court-ordered child support can result in serious consequences. A judge may find you in contempt of court for violating a court order, potentially leading to up to six months in jail. In Texas, non-payment of child support can also result in arrest. It's crucial to adhere to court orders and work with experienced legal counsel to address any issues that may arise.
  • Can my spouse and I agree that neither party will pay child support? Can my spouse and I agree that neither party will pay child support?

    While it's possible for parents to agree to waive child support in Texas, such an agreement must be approved by a judge to be legally binding. This means that even if both parties wish to forgo child support payments, the arrangement is subject to judicial review. Our legal team can provide guidance on this matter and answer any questions you may have about the process.