FAQs

The Griffin Firm

Have a question related to divorce or child support? We have the answer. Check out these FAQs and give us a call today for more information!

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

    It is possible to represent yourself in family court and obtain a divorce. However, without legal guidance through the process, you may unknowingly forfeit your legal rights and agree to terms that you should not agree to.


    For example, some spouses may be unaware of the property they are entitled to in a divorce, or they may be unaware of what a reasonable child custody arrangement looks like. Without divorce lawyers, these spouses may agree to terms that hurt them in the long run. It is best to hire an attorney as soon as you begin considering divorce or as soon as you are served with divorce papers.

  • Is Texas a 50/50 community property state?

    Texas is one of nine states that is a community property jurisdiction, according to our team. In general, this means that any property acquired by a couple during their marriage, with a few exceptions, is equally owned by both spouses. Our divorce lawyers can ensure you receive the assets you're entitled to.


    According to Forbes, 43% of first marriages end in divorce. Our team can help you navigate this difficult time.

  • Who determines how assets are divided in a divorce?

    If you and your spouse cannot agree on how to split your property and debt, a judge will divide your community property and debt in a way that the judge decides is “just and right" in a final hearing. Our divorce lawyers will advise you on the best steps to take throughout the process.

  • What are the grounds for divorce in Texas?

    In Texas, there are both no-fault and fault-based grounds for divorce. In our experience, the most common no-fault ground is "insupportability," which means the marriage has become irretrievably broken with no reasonable expectation of reconciliation.


    Fault-based grounds, according to our team, include adultery, cruelty (such as physical or emotional abuse), abandonment (one spouse has left and remained gone for at least a year), and conviction of a felony that has resulted in imprisonment.


    Texas law allows for either party to file for divorce on no-fault grounds, and fault-based grounds may influence decisions regarding property division, spousal support, or custody, but they are not necessary to obtain a divorce. Our divorce lawyers at The Griffin Firm can help you navigate this process.

  • How do courts determine who gets custody of children in a divorce?

    Under Texas law, the court is required to make child custody decisions based on what is in the best interest of the child. The courts encourage parents to try and come to agreements using mediation first. In some cases, a judge may order a custody evaluation to determine the best situation for a child. Our divorce lawyers will work with you throughout the entire process.

  • What is joint custody?

    Joint custody allows both parents to make important decisions about their children but does not account for parenting time. Usually, one parent will be given physical custody of the children while the other is given visitation rights. Divorce lawyers can help you get a satisfactory outcome.

  • How is child support determined in a divorce or child support case?

    According to the Texas Family Code guidelines, the obligor's child support is calculated as follows: for one child, 20% of their monthly net resources. For two children, 25% of their monthly net resources. For three children, 30% of their monthly net resources. Our divorce lawyers can help you navigate this complicated process.

  • What happens if a parent does not pay court-ordered child support?

    If the judge finds that you purposely failed to pay child support, you could be found in contempt of court for violating a court order and sentenced to up to six months in jail, in our professional experience. In Texas, you can also be arrested for failing to pay child support. It's important to follow the rules ordered by the court and to work with experienced divorce lawyers.

  • Can my spouse and I agree that neither party will pay child support?

    From time to time, parents will ask if they can agree to no child support in Texas. In other words, both parties would like child support to be waived so that no one is required to pay. The simple answer to this question is that it's possible, but only if the agreement is approved by a judge. Divorce lawyers can answer any questions you have about the process.

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