There are approximately 75, 000 divorces in Texas each year. If you’re one of the couples involved in a Texas dissolution, the following FAQs may help.

Does it matter which spouse files for the divorce

Probably not. Except for some slight procedural advantages -- the person who brings the case first gets to talk first – there is usually not much advantage to filing the divorce papers.

Do I have to prove fault of the other spouse to get a divorce?

No. You do not have to show fault to get a divorce in Texas, but if there is fault – such as adultery, for example – it can sometimes be a factor in court, depending on the circumstances.

How long will it take to finalize my divorce?

A minimum of 60 days. Texas law requires that the couple wait 60 days after the date the divorce petition is filed to finalize the divorce. How long any individual case takes to resolve depends on many factors. Some courts require a divorce case to go to trial fairly quickly, while other courts are content to let divorce cases languish for very long periods of time.

What is the cost of divorce?

The cost depends on whether you and your spouse can reach an agreement regarding the property division and children, how long the case has to be litigated before that agreement is reached, whether temporary orders are necessary, whether a trial is necessary, whether discovery is conducted, and how reasonable your spouse and your spouse's attorney are (or aren't) throughout the process.

Why do lawyers require up-front retainer fees?

Short answer: to make sure they get paid. Lawyers practice law because they like the challenge and because they need to make a living. Like you, they have bills to pay, and they go to work to trade their time and expertise for compensation. They also have employees and office overhead. The retainer insures that the attorney is compensated for his or her efforts.

My ex-spouse is not paying enough child support for how much he or she makes. Can I get the amount of child support increased?

To modify the amount of child support (either an increase or decrease in the amount ordered), one of two things must be proven in court: either (a) you show that the circumstances of the child or a person affected by the order have materially and substantially changed since the date the order was signed; or (b) it has been three years since the order was signed and the monthly amount of the child support award under the order differs by either 20 percent or $100 from the amount that would be awarded in accordance with the child support guidelines. Most cases will fall under the three-year category, so the question of whether child support can be modified becomes primarily a question of math.

At what age can a child decide with whom he or she wants to live?

The court, not the child, is the ultimate judge of where the child's primary residence will be; however, at age 12, a child can sign a "Choice of Managing Conservator." This is a document that communicates the child's wishes concerning primary living arrangements to the court. In conjunction with this document, a Motion to Modify must be filed with the court before the court can modify its prior order. Although the "Choice of Managing Conservator" document is very persuasive to the court, it is not binding, as the court will attempt to make a decision which is in the child's best interest (which is not always what the child wants).

What is common law marriage?

Source: www.divorcenet.com