Child Support in Frisco
Net resources when income arrives as bonus and equity.
Where cases actually get decided
Most Texas divorces never see a trial. They resolve at mediation, where a neutral third party moves between two rooms until there is a settlement or there is not. Many North Texas courts will not give you a trial date until you have been to mediation, so it is better understood as a required step than as an alternative.
Mediated settlement agreements in family cases are unusually durable. Once signed with the statutory language, a party is generally entitled to judgment on it — which is a good reason not to sign one at eleven at night because everyone is tired.
How This Plays Out in Practice
Net resources when income arrives as bonus and equity. The specifics turn on facts — the length of the marriage, what is in the estate, whether children are involved, and how much the two of you still agree on. What does not change is the framework: Texas courts apply the Family Code, and the outcome follows from how your facts meet it.
Lisa G. Garza handles these matters from the firm's Dallas and McKinney offices, for families throughout North Texas.
Questions
What is the difference between community and separate property?
Separate property is what a spouse owned before marriage, plus anything acquired during marriage by gift, devise or descent (Texas Family Code § 3.001). Everything else acquired during the marriage is presumed community property (§ 3.002). The presumption favors community, so the spouse claiming separate property carries the burden of proving it — usually with records tracing the asset back to its source.
Can I file for divorce if my spouse does not agree?
Yes. Texas does not require both spouses to agree to the divorce. One spouse's assertion of insupportability is enough. A spouse who refuses to participate can slow the case down through service and discovery problems, but cannot prevent the divorce from being granted.
Do I have to go to court?
Usually far less than people expect. Most Texas divorces resolve at mediation, and many counties require mediation before granting a trial setting. In an agreed case the only courtroom appearance may be a short prove-up hearing, and some courts allow that to be handled by affidavit or remotely.
How long does a divorce take in Texas?
At an absolute minimum, 60 days from the date the petition is filed, because Texas Family Code § 6.702 bars the court from granting a divorce before the 60th day. Agreed cases often finish shortly after that. Contested cases — particularly ones involving custody, a business, or a spouse who will not produce records — commonly run several months to well over a year, and the county's docket has as much to do with it as the facts.