Family Law and Divorce Frequently Asked Questions
Do you have questions about family law? Do you need to know more about divorce or child custody in Dallas? Are unsure if you need a lawyer?
We provide the answers to the most frequently asked questions (FAQs) about family law, divorce, child custody, child support, adoption etc. Please select a category to narrow your search.
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Is A Common Law Marriage Created Automatically After 6 Months? 
A common law or informal marriage is recognized in Texas as a legal marriage. You do NOT need a marriage ceremony to be legally married in the State of Texas.
However, you must comply with certain requirements by law to create a common law marriage. Those requirements are the following:
- you agreed to be married;
- lived together as spouses after the fact; and
- you represented to third parties that you are married.
In addition to the requirements listed above, you must comply with the legal requirements in Texas to enter into a marriage, such as:
- you cannot be legally married to anyone else at the time your current marriage was created; and
- you and your spouse must be over the age of 18 at the time your marriage is created.
You do not need to live together with your partner for a specific amount of time or have children together to create a common law marriage. A common misconception is that if you live with your partner for 6 months, a common law marriage is automatically created.
The requirements to enter into a common law marriage described above must be proven to determine if you are in a common law marriage, and not just the amount of time you have lived together with your partner. You may suffer financial consequences at the time you separate from your partner if you are in a common law marriage.
Do You Need the Guidance of an Experienced Family Law Attorney in Dallas, Texas?
If you are not sure if you are married to your partner, call our office at 214-559-7202 or contact us online to schedule your free consultation.
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What is a Temporary Restraining Order? A Temporary Restraining Order sets forth the acts which either or both parties are prohibited from doing immediately after a petition is filed. Sometimes this order is called a "TRO."
Are You In Need Of An Experienced Divorce Lawyer In The Dallas, Texas Area?
If you need a caring, experienced divorce attorney please contact us online or call our Dallas office directly at 214.559.7202 to schedule your free
consultation. -
What is Conservatorship in Texas? In Texas, custody is known as conservatorship. It is a legal term that defines the rights and responsibilities of a parent under the Texas Family Code.
Are You In Need Of An Experienced Divorce Lawyer In The Dallas, Texas Area?
If you need a caring, experienced divorce attorney please contact us online or call our Dallas office directly at 214.559.7202 to schedule your free
consultation.¿Qué es la curaduría en Texas?
En Texas, la custodia se conoce como curatela. Es un término legal que define los derechos y responsabilidades de un padre bajo el Código Familiar de Texas.
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Who Gets the Ring in a Broken Off Engagement? Many people believe that after a proposal, the engagement ring is yours. WRONG. In Texas, engagements rings are “conditional gifts.” This means that if you don’t actually get married and the engagement is broken off, the ring goes back to the person who purchased it. This makes sense, because an engagement ring is seen as a promise to marry someone. Thus, if the promise of marriage isn’t fulfilled, then the person wearing the ring shouldn’t be able to keep it.
Are You In Need Of An Experienced Divorce Lawyer In The Dallas, Texas Area?
If you need a caring, experienced divorce attorney please contact us online or call our Dallas office directly at 214.559.7202 to schedule your free
consultation. -
Can I Get a Legal Separation in Texas? The short answer is… ‘No’. The long answer is… ‘No’.
Although legal separation is available and sometimes had in many states, Texas doesn’t have legal separation. In order to protect your interests regarding your property and your children if you are separated from your spouse, you must file for divorce and obtain temporary orders from the Court.
Learn more about separation in Texas.
Are You In Need Of An Experienced Divorce Lawyer In The Dallas, Texas Area?
If you need a caring, experienced divorce attorney please contact us online or call our Dallas office directly at 214.559.7202 to schedule your free
consultation.¿Puedo obtener una separación legal en Texas?
La respuesta corta es no'. La respuesta larga es ... 'No'.
Aunque la separación legal está disponible en muchos estados, Texas no tiene separación legal. Para proteger sus intereses con respecto a su propiedad y a sus hijos si está separado de su cónyuge, debe solicitar el divorcio y obtener órdenes temporales del Tribunal.
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What is a Board-Certified Family Law Attorney? Attorneys who meet certain qualifications set out by the State Bar of Texas are considered board certified in family law.
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If you need a caring, experienced divorce attorney please contact us online or call our Dallas office directly at 214.559.7202 to schedule your free
consultation. -
Is an annulment different from a divorce? Yes. An "annulment" is a proceeding to have a marriage declared void as if it never took place. A "divorce" is the proceeding to end a valid marriage.
Are You In Need Of An Experienced Divorce Lawyer In The Dallas, Texas Area?
If you need a caring, experienced divorce attorney please contact us online or call our Dallas office directly at 214.559.7202 to schedule your free
consultation. -
Does Texas have an age requirement for marriage? Yes. Both parties must be at least 18 years old to obtain a marriage license in Texas. If either party is under 18 years of age, parent consent or a court order is required.
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If you need a caring, experienced divorce attorney please contact us online or call our Dallas office directly at 214.559.7202 to schedule your free
consultation. -
What is a Waiver of Disclosure? A waiver of disclosure is a document that you sign prior to the signing your premarital agreement. It states that you have disclosed all your assets and liabilities to your partner to the best of your knowledge. This is used to make sure no one is hiding anything from each other!
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If you need a caring, experienced divorce attorney please contact us online or call our Dallas office directly at 214.559.7202 to schedule your free
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What is a Conversion Agreement? A conversion agreement allows spouses to transfer ownership of their separate property to their spouse in a marriage.
There is another postmarital agreement called a partition exchange agreement that does the opposite of a conversion agreement.
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If you need a caring, experienced divorce attorney please contact us online or call our Dallas office directly at 214.559.7202 to schedule your free
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What is a Partition Exchange Agreement? A partition exchange agreement allows married spouses to divide their community estate into two separate estates. This is similar to a prenuptial agreement, but the spouses are already married.
There is another postmarital agreement called a conversion agreement, that does the opposite of a partition exchange agreement.
Are You In Need Of An Experienced Divorce Lawyer In The Dallas, Texas Area?
If you need a caring, experienced divorce attorney please contact us online or call our Dallas office directly at 214.559.7202 to schedule your free
consultation. -
If my husband and I are getting a pre-marital agreement or a post-marital agreement, do we both need attorneys? Yes, when setting up a pre-marital agreement or a post-marital agreement it is important that each party have their own independent counsel review the agreement so that both parties are protected.
Are You In Need Of An Experienced Divorce Lawyer In The Dallas, Texas Area?
If you need a caring, experienced divorce attorney please contact us online or call our Dallas office directly at 214.559.7202 to schedule your free
consultation. -
At What Age is My Child Considered an Adult in Texas? As a parent, you have control over your children until they are 18 years of age. At the age of 18, they become an adult.
However, prior to the age of 18, a child can be or may be emancipated, or declared an adult in the eyes of the state of Texas. To declare emancipation, the child must have a full time job, be capable of supporting his/herself, and prove to a court that he/she does not need parental supervision any longer. This is a difficult burden for a teenager to overcome.
Are You In Need Of An Experienced Divorce Lawyer In The Dallas, Texas Area?
If you need a caring, experienced divorce attorney please contact us online or call our Dallas office directly at 214.559.7202 to schedule your free
consultation. -
What is a Modification in Family Law? A modification in family law is a document you file if you want to modify an order that has been put in place, such as a decree of divorce.
It can modify anything from child custody—if there is a change in the circumstances of who has the children—to child support—if you want to increase, decrease, or eliminate the payments—to decrees that deal with property.
You would file a modification of that order in the family courts and get a subsequent order with that modification as to what your wishes are.
Find out more information on family law here.
Are You In Need Of An Experienced Divorce Lawyer In The Dallas, Texas Area?
If you need a caring, experienced divorce attorney please contact us online or call our Dallas office directly at 214.559.7202 to schedule your free
consultation. -
What is the difference between Community Property & Separate Property? In Texas, property is viewed as separate or community. If you are married, unless there is clear and substantial evidence to the contrary, any assets that are acquired during the marriage are deemed to be owned one-half by the husband of the marriage and one-half by the wife of the marriage. If you are single, a single individual’s estate in Texas consists of all property owned by such individual at the time of death.
Many couples are confused and think that once they are married, everything that they have is community property. This is not true. If you are married, here is a list and description of assets that would be considered separate property
1. If you owned any property prior to getting married, that is your own separate property.
2. Any property that was acquired during the marriage by a gift, devise, or descent, which could be from an inheritance from Uncle Ted or some other friend or relative, would be viewed as separate property and not community property.
3. If you acquired property during your marriage that was traceable as a change that occurred from previously owned separate property you had, this property may still be considered as separate property.
4. If you have property that was transferred from one spouse to another in the form of a gift, this is viewed as separate property.
5. Damages awarded from a personal injury lawsuit, except for damages representing your earning power, would also be separate property.
However, income from separate property during the marriage is considered community property. It gets complicated if one of the spouses dies without a Will, especially if there is separate property involved.
If you’re uncertain whether or not your assets are community property or separate property, you need to consult a qualified attorney.
Are You In Need Of An Experienced Divorce Lawyer In The Dallas, Texas Area?
If you need a caring, experienced divorce attorney please contact us online or call our Dallas office directly at 214.559.7202 to schedule your free
consultation. -
We are adopting a child from a foreign country. How can we legally bring her here? Your family law attorney can help you to navigate through immigration challenges as well as work to finalize your adoption.
Are You In Need Of An Experienced Divorce Lawyer In The Dallas, Texas Area?
If you need a caring, experienced divorce attorney please contact us online or call our Dallas office directly at 214.559.7202 to schedule your free
consultation. -
I have a restraining order against my ex-husband. How long is it in effect? Not all restraining orders have a time component. Consult with your family law attorney to determine if the protective order is still in force or if you will need to apply for protection again.
Are You In Need Of An Experienced Divorce Lawyer In The Dallas, Texas Area?
If you need a caring, experienced divorce attorney please contact us online or call our Dallas office directly at 214.559.7202 to schedule your free
consultation. -
My partner and I have lived together for 10 years and want to have our union recognized as a common law marriage. What can we do? There are very specific requirements in order to establish a common law marriage. By consulting with a local family law attorney, you can get valuable information on how to have your union qualify as a common law marriage.
Are You In Need Of An Experienced Divorce Lawyer In The Dallas, Texas Area?
If you need a caring, experienced divorce attorney please contact us online or call our Dallas office directly at 214.559.7202 to schedule your free
consultation. -
My 17-year-old child says I have no right to run her life and wants to be declared independent. Don't I have control until she is 18? Parents are often faced with tough challenges when their children make poor decisions. Your child can go through the courts to be declared independent, but by consulting a family law attorney, other solutions may be found.
Are You In Need Of An Experienced Divorce Lawyer In The Dallas, Texas Area?
If you need a caring, experienced divorce attorney please contact us online or call our Dallas office directly at 214.559.7202 to schedule your free
consultation.