Family Law FAQs

Legal matters that arise within family relationships carry an even greater amount of emotional weight and stress. With family law covering such a wide range of issues, it’s common for people to have a lot of questions about their specific situation, the processes involved in their cases, and what options may be available. 

At Robin Scott Law Firm, PLLC, you can feel confident that your best interests will be a priority, no matter what type of family law matters you are facing. Whether you are considering a divorce, seeking assistance in child custody or child support matters, or looking to legally establish paternity, speaking with an experienced family law attorney is your best option. 

If you are in the Spring, Texas, area, including Harris County, Montgomery County, or Fort Bend County, contact Robin Scott Law Firm, PLLC for guidance. 

Common Family Law Questions — and Answers

When you’re going through difficult family challenges that may require the help of an attorney, you are likely not only dealing with tremendous stress and emotional turmoil, but you have important questions on your mind. Below are some of the more common questions people ask and brief answers to them. 

I just got served with divorce papers. What are my next steps?

If you have been served with divorce papers, you need to contact an attorney who can provide you with reliable legal representation as soon as possible. Your attorney can review the papers, explain any options that are available to you, and help you respond to the filing within the required time frame. 

How long will it take to get divorced in Texas?

Texas law requires a 60-day waiting period to complete a divorce once papers are filed. Using that as a baseline, it is theoretically possible to complete a divorce in 61 days, but that is simply not how things actually work. Under normal circumstances, even uncontested divorces usually take three to four months to complete. On average, most divorces in Texas range in length from six months to one year from start to finish. 

What are the grounds for divorce in Texas?

There are several legal grounds for divorce in the state of Texas, and they are separated into two categories: “no-fault” grounds and “fault” grounds. 

The no-fault grounds for divorce allowed in Texas include “insupportability” (which is often known in other states as “irreconcilable differences,” meaning the marriage cannot survive due to ongoing discord), living apart (spouses without cohabitation for at least three years), or one spouse being institutionalized in a mental health facility. 

The fault grounds for divorce in Texas include cruelty, abandonment, felony convictions, and adultery. It is also important to note that fault grounds do not have to be proven in court in order to have your request for divorce granted. 

Will I be awarded alimony?

It is more difficult to obtain alimony in Texas than in other states. Under Texas law, it must be demonstrated that one spouse is unable to earn enough income to provide for their “minimum reasonable needs” without assistance (this can also be due to the spouse being disabled or having to care for a disabled child from the marriage) in order for alimony to be granted. 

What is the difference between a legal separation and a divorce?

Texas law does not have any provision for “legal separation,” which means filing for divorce is the only option to legally dissolve a marriage. If you have been served divorce papers by your spouse, you need to act quickly to obtain legal representation to protect your rights. 

When is mediation a good option?

Mediation is a viable option in divorces whenever the spouses are seeking a more simplified and less acrimonious process. By working through the mediation process, a settlement agreement can be reached to deal with the major factors of the divorce (child support, child custody and visitation, division of assets, etc.) without a lengthy and contentious court battle. 

What are the benefits of a prenuptial agreement?

A prenuptial agreement is not a “plan for divorce.” It is, however, a helpful legal document to have in place if something unforeseen occurs and the marriage does not work out. Without a prenuptial agreement, the division of property and other assets in a divorce can be a long, stressful ordeal. With a prenuptial agreement in place, these matters can be settled from the outset. 

Do I need an attorney for my divorce?

Yes. Going through the divorce process without professional legal representation is never an advisable strategy. Even if your divorce is amicable and you don’t expect any added difficulty in the process, it is always better to have someone who is by your side to stand up for your rights and best interests. 

Get All Your Family Law Questions Answered

These are only a few examples of the many questions people have when they are going through the challenges presented by family law issues. Even in the most simple situations, the legal process and the different variables involved can quickly become complex and overwhelming. If you are looking for help with a divorce, child custody or child support issues, paternity, alimony, or prenuptial agreements, there is skilled guidance available. 

Robin Scott Law Firm, PLLC is proud to serve the legal needs of individuals and families throughout the Spring, Texas, area, including the counties of Montgomery, Fort Bend, and Harris. Reach out today to schedule a consultation to discuss your situation.