Family Law Attorney in Houston, Texas

Family law in Texas encompasses a broad range of legal issues that affect families, including divorce, child custody, child support, property division, and more. Understanding the intricacies of Texas family law is crucial for anyone managing these complicated legal processes.

At my practice, Tabak Law Firm, I have the experience to handle your case with the compassion it deserves. Located in Houston, Texas, I serve clients throughout Richmond, Katy, Cypress, Spring, Humble, Louetta, Howellville, and beyond. Reach out today to schedule a consultation.

Overview of Family Law in Texas

Family law deals with matters related to family relationships and domestic issues. The Texas Family Code governs most of the state's family law matters. It's important for individuals to understand this code to work through legal challenges effectively. Some of the key areas of family law my firm handles include:

• Divorce

• Child custody and visitation

• Child support

• Property division

• Adoption

• Protective orders

• Spousal support (alimony)

Divorce

Texas is a no-fault divorce state, which means that you don't need to prove wrongdoing by your spouse to obtain a divorce. In Texas, the primary grounds for divorce include:

• Insupportability: Where the marriage has become untenable due to irreconcilable differences

• Cruelty: Where one spouse has subjected the other to intolerable treatment; adultery, involving one spouse’s infidelity

• Conviction of a felony: Where one spouse has been imprisoned due t a crime for at least one year

• Abandonment: Where one spouse has left the other without intention to return and has been absent for at least a year

• Living apart: Where the spouses have lived separately for a minimum of three years.

Filing for Divorce

To file for divorce in Texas, one spouse must meet the residency requirements—either residing in Texas for at least six months before filing or having lived in the county where the petition is filed for at least 90 days. The process involves:

• One spouse (the petitioner) filing a Petition for Divorce with the court

• The petitioner serving the divorce papers to the other spouse (the respondent)

• The respondent filing an answer or response to the petition

• Both parties exchanging information and negotiating settlement terms, including property division, child custody, and support

If the parties can't reach an agreement, the case may go to trial where a judge will make the final decisions. Once the divorce terms are agreed upon or determined by the court, a final decree of divorce is issued. This decree outlines the terms of the divorce, including property division, child custody, and support arrangements.

Child Custody and Visitation

Texas law recognizes two types of custody. These include legal custody, where the custodial parent has the right to make decisions about the child's upbringing such as education, healthcare, and religion, and physical custody, where the child lives with the custodial parent. In Texas, custody can be awarded as:

• Sole custody: One parent has both legal and physical custody.

• Joint custody: Both parents share legal and/or physical custody.

When considering custody, Texas courts base custody decisions on the best interests of the child. The factors considered include:

• The child's physical and emotional needs

• The stability of each parent’s home environment

• The ability of each parent to provide for the child’s needs

• The child’s relationship with each parent

• Any history of abuse or neglect

Non-custodial parents generally have the right to visitation unless it's determined to be harmful to the child. Visitation schedules are often outlined in the divorce decree or custody order and can include:

• Standard possession order: A set schedule of visitation established by the Texas Family Code

• Custom visitation schedules: Tailored visitation arrangements that meet the unique needs of the child and parents

Child Support

Texas uses a standard formula to calculate child support, which is based on a percentage of the non-custodial parent’s net income. The basic guideline percentages are:

• 20% for one child

• 25% for two children

• 30% for three children

• 35% for four children

• 40% for five or more children

Child support orders can be modified if there's a significant change in circumstances, such as a substantial increase or decrease in income, changes in the child’s needs, or changes in the custodial arrangement.

Additionally, if a parent fails to pay child support, the custodial parent can seek enforcement through the court. Enforcement measures can include wage garnishment, suspension of licenses, and even contempt of court charges.

Property Division

Texas is a community property state, meaning that all property acquired during the marriage is generally considered community property and subject to division upon divorce. This includes:

• Real estate: Homes, rental properties, and land

• Personal property: Vehicles, jewelry, and household items

• Financial assets: Bank accounts, retirement accounts, and investments

Property acquired before the marriage, by gift, or inheritance is generally considered separate property and isn't subject to division. However, if separate property has been commingled with community property, it may become subject to division.

Texas courts divide community property in a manner that's fair but not necessarily equal. Factors influencing property division include:

• The length of the marriage

• The age, health, and earning capacity of each spouse

• The financial contributions and sacrifices made by each spouse

• Any misconduct or fault in the marriage

Adoption

Texas recognizes various types of adoption, including the following:

• Stepparent adoption: A stepparent adopts their spouse’s child.

• Relative adoption: A family member adopts a child.

• Private adoption: An adoption is arranged directly between the birth parents and adoptive parents.

• Agency adoption: An adoption is facilitated through a licensed adoption agency.

Prospective adoptive parents must meet certain eligibility requirements and undergo background checks. The best interests of the child are the primary consideration in adoption cases.

Protective Orders

Protective orders are legal remedies designed to protect individuals from domestic violence, harassment, or stalking. In Texas, protective orders come in several types, such as:

• Temporary Ex Parte Orders: These are issued swiftly and offer immediate protection until a full hearing can be conducted. They are typically granted on a temporary basis to address urgent safety concerns.
  

• Final Protective Orders: These are issued following a comprehensive court hearing and provide long-term protection, offering a more permanent solution to guarantee the safety and well-being of the petitioner.

Spousal Support (Alimony)

Spousal support, or alimony, is financial assistance provided by one spouse to the other after divorce. Spousal support isn't automatically granted and must be specifically requested. In Texas, there are two primary types of spousal support:

• Temporary spousal support is provided during the divorce process to assist the lower-earning spouse in meeting their immediate financial needs. This support is intended to maintain financial stability while the divorce is ongoing.

• Permanent spousal support is granted after the divorce is finalized and usually extends for a longer term or indefinite period. This type of support is designed to address long-term financial needs and to make sure the lower-earning spouse can maintain a reasonable standard of living post-divorce.

How Can Tabak Law Firm Help?

Seeking legal representation is highly advisable when dealing with family law matters. At Tabak Law Firm, I offer knowledgeable guidance to advocate for your rights and help traverse complicated legal issues.

Family law cases often involve several court proceedings. As your attorney, I can help you through pretrial conferences to discuss your case and reach a settlement, encourage mediation, and advocate for your during trial if a settlement can't be reached.