FAQs

Answers to Your Divorce & Child Custody Questions

Being involved in a family law case be immensely stressful. Divorce and child custody proceedings often represent a permanent change to your family structure, and change can be scary. However, these changes are often for the best. When you and your child's other parent are not in a harmonious relationship, splitting is often best for the family.

The Cusic Law Firm, P.C. can help you with a variety of family law concerns, from divorce to adoption and prenuptial agreements. We favor a dispute resolution method based on mediation and negotiation where possible, but we are always ready to advocate for you in court.

Q: How Long Does it Take to Get Divorced in Harris County?

A: It depends on a lot of things. If you and your spouse have a solid prenuptial agreement or are amicable and have no children, you could be divorced in a few short months. However, if you and your spouse need to litigate your divorce, have complicated financial entanglements, or cannot agree on child custody, it could take over a year.

Q: How do Texas Courts Decide Who Gets Custody of the Children?

A: These decisions are based on what is in the children's best interest. Joint custody agreements that allow both parents to be part of the children's lives are strongly favored, except in cases where one parent is a danger to the children. To help make the right decisions in these cases, the court may appoint an amicus attorney who is trained to talk to the children and assess what type of arrangement would be best for them.

Q: If I Never Married My Children's Other Parent, How Can I Ask for Child Support or Visitation Rights?

A: Step one is establishing paternity. This can be done voluntarily or over the objections of the other parent. Once paternity has been established, child support and visitation can be established.

Q: If My Same-Sex Partner and I Share Children, How Can We Both Establish Ourselves as Legal Parents?

A: The two main ways for same-sex parents to become legal co-parents are through adoption or by petitioning the court for joint conservatorship. If one of you is the child's biological parent, only the non-biological parent will need to formally adopt the child.

Q: How do Harris County Courts Divide Property During a Divorce?

A: First, the court will determine which assets are your or your spouse's separate property. Separate property includes premarital property, inheritances and gifts, and some lawsuit settlements. Texas is a community property state, so you and your spouse own all marital property equally. Marital property will be divided in a "just and equitable manner" - the court will seek a division that is fair.

Q: Can I Receive Spousal Support After Divorce?

A: If you will not be able to meet your basic needs without financial assistance, then you may be eligible for spousal maintenance. You must also show that either:

• Your spouse was convicted of domestic violence in the last two years, or
• You have a disability that prevents you from earning enough to support yourself, or
• A child in common is disabled, and caring for them prevents you from earning sufficient income, or
• You were married for over ten years and cannot support yourself currently.

Q: What is the Process for Adopting a Child in Texas?

A: Adoption can be a complex process, and it does not happen overnight. You will need to show that you will be good parents, which includes demonstrating financial stability and a background check in addition to a home study.

Ask a Houston Family Law Attorney

If you did not find the answers you were looking for here, The Cusic Law Firm, P.C. is happy to address your questions. We zealously represent people going through all types of family law proceedings. Contact us online or call 713-650-1866 to receive a free consultation with an experienced Harris County family law attorney.