Bianca A.
Almaguer

Texas law requires a 60-day waiting period after the petition is filed before a divorce can be finalized. An uncontested divorce can sometimes be completed shortly after that period. Contested cases — where spouses disagree on custody, support, or property — take longer, depending on the issues involved and the court's schedule.

Texas courts decide custody based on the best interest of the child. Judges look at factors such as each parent's relationship with the child, the child's needs, stability of the home, and each parent's ability to care for the child. In Texas, custody is referred to as "conservatorship," and visitation as "possession and access."

Texas uses guideline percentages of the paying parent's net income — generally 20% for one child, 25% for two, 30% for three, and so on — subject to a statutory cap on the income considered. Courts can adjust the amount when the guidelines would not be fair in a particular case.

Not always. Many divorces are resolved through agreement or mediation without a contested trial. Even in uncontested cases, a judge must review and sign the final decree. Your attorney will tell you whether a court appearance is required in your case.

Stay calm and be polite, but remember you have the right to remain silent and the right to an attorney. Do not discuss the facts of your case with anyone but your lawyer, and do not agree to searches without a warrant. Call an attorney as soon as possible.

Misdemeanors are less serious offenses, punishable by up to one year in county jail and/or fines. Felonies are more serious and carry state jail or prison time, from six months to life depending on the degree of the charge. Either one can have lasting consequences for employment, housing, and your record — both deserve a serious defense.

Sometimes. The decision to drop or reduce charges belongs to the prosecutor, but weak evidence, violations of your rights, or problems with how evidence was gathered can change the strength of the State's case. An attorney can also negotiate for reduced charges, probation, or diversion programs where available.

Texas law allows expunctions in certain situations — for example, when charges were dismissed or you were acquitted — which removes the arrest from your record. An order of nondisclosure can seal records in other situations. Eligibility depends on the details of your case, so it is worth asking.

Bring any paperwork you have received — court notices, citations, case numbers, and existing orders — along with your questions. The more complete the picture, the more useful the guidance you will get about your options and next steps.