FAMILY LAW

Texas family cases can get complicated as there are many procedural rules to follow. Below are a sample of family issues. With there being many more legal issues and theories to navigate, please contact us to assist you.

INSUPPORTABILITY 

On the petition of either party to a marriage, the court may grant a divorce without regard to fault if the marriage has become insupportable because of discord or conflict of personalities that destroys the legitimate ends of the marital relationship and prevents any reasonable expectation of reconciliation.

CRUELTY

The court may grant a divorce in favor of one spouse if the other spouse is guilty of cruel treatment toward the complaining spouse of a nature that renders further living together insupportable.

ADULTERY

The court may grant a divorce in favor of one spouse if the other spouse has committed adultery.

CONVICTION OF FELONY

The court may grant a divorce in favor of one spouse if during the marriage the other spouse has been convicted of a felony; has been imprisoned for at least one year in the Texas Department of Criminal Justice, a federal penitentiary, or the penitentiary of another state; and has not been pardoned.

ABANDONMENT

The court may grant a divorce in favor of one spouse if the other spouse left the complaining spouse with the intention of abandonment; and remained away for at least one year.

LIVING APART

The court may grant a divorce in favor of either spouse if the spouses have lived apart without cohabitation for at least three years.

CHILD ISSUES

CHILD SUPPORT

The court may order either or both parents to support a child in the manner specified by the order until the child is 18 years of age or until graduation from high school, whichever occurs later; until the child is emancipated through marriage, through removal of the disabilities of minority by court order, or by other operation of law; until the death of the child; or if the child is disabled as defined in this chapter, for an indefinite period.

MEDICAL SUPPORT AND DENTAL SUPPORT 

The guidelines for support of a child are based on the assumption that the court will order the obligor to provide medical support and dental support for the child in addition to the amount of child support calculated in accordance with those guidelines.

ADOPTION

An adult may petition to adopt a child who may be adopted in this state if the parent-child relationship as to each living parent of the child has been terminated or a suit for termination is joined with the suit for adoption; the parent whose rights have not been terminated is presently the spouse of the petitioner and the proceeding is for a stepparent adoption; the child is at least two years old, the parent-child relationship has been terminated with respect to one parent, the person seeking the adoption has been a managing conservator or has had actual care, possession, and control of the child for a period of six months preceding the adoption or is the child's former stepparent, and the nonterminated parent consents to the adoption; or the child is at least two years old, the parent-child relationship has been terminated with respect to one parent, and the person seeking the adoption is the child's former stepparent and has been a managing conservator or has had actual care, possession, and control of the child for a period of one year preceding the adoption.

CONSERVATORSHIP, POSSESSION, AND ACCESSBEST INTEREST OF CHILD

The best interest of the child shall always be the primary consideration of the court in determining the issues of conservatorship and possession of and access to the child.

MODIFICATION

A court with continuing, exclusive jurisdiction may modify an order that provides for the conservatorship, support, or possession of and access to a child.

ENFORCEMENT

A motion for enforcement may be filed to enforce any provision of a temporary or final order rendered in a suit. The court may enforce by contempt any provision of a temporary or final order. The court may enforce a temporary or final order for child support.

ADDITIONAL FAMILY MATTERS

PROPERTY DIVISION

In a decree of divorce or annulment the court orders a division of the real and personal property, wherever situated, in a manner that the court deems just and right.

PROTECTIVE ORDER

A court renders a protective order if the court finds that family violence has occurred and is likely to occur in the future.