Texas Family Law FAQs
Compassionate family law representation tailored to your needs—whether it’s divorce, custody, child support, adoption, or enforcement matters.
- Frequently Asked Questions
General Questions
What legal services do you offer?
We focus exclusively in family law and provide comprehensive legal services including divorce proceedings (both contested and uncontested), child custody and visitation matters, child support establishment and modification, spousal support, property division, prenuptial agreements, adoption services (stepparent, relative, and agency adoptions), enforcement of court orders, post-divorce modifications, and protective orders. An initial consultation will help determine the best legal approach for your specific family situation. We stand by your side with over 25 years of dedicated family law practice.
How can I schedule a legal consultation?
You can schedule an appointment through our online contact form on our website, by calling our office during business hours at our Longview location, or by visiting our office in person. We strive to accommodate urgent family law matters and can often schedule consultations quickly.
How long does a legal process usually take?
Every family law case is unique, and timelines vary significantly based on the complexity of your situation and whether issues are contested. Uncontested divorces may be completed in 60-90 days, while contested matters involving custody disputes or complex property division can take 6-18 months or longer. After reviewing your specific circumstances, we’ll provide a realistic timeline based on the facts and legal processes involved in your case.
Do you handle cases outside of Longview or in other Texas counties?
Yes, we represent clients throughout East Texas and are licensed to practice in all Texas state courts. We regularly handle cases in multiple counties including Gregg, Harrison, Upshur, Rusk, Panola, and surrounding areas. For cases requiring travel outside our immediate area, we’ll discuss any additional considerations during your consultation.
What makes The Bennett Law Office different from other family law firms?
With over 25 years of exclusive focus on family law, we bring seasoned and compassionate advocacy to every case. Our practice philosophy emphasizes personalized attention, clear communication, and service tailored to each family’s unique circumstances. We understand that family law matters affect your entire future, and we’re committed to achieving outcomes that serve your long-term interests and those of your children.
Divorce In Texas
What's the difference between contested and uncontested divorce in Texas?
An uncontested divorce occurs when both spouses agree on all major issues including property division, child custody, child support, and spousal support. These cases can typically be resolved more quickly and cost-effectively. A contested divorce involves disagreements on one or more issues that require negotiation, mediation, or trial to resolve. We handle both types and can help you understand which approach best fits your situation.
How is property divided in a Texas divorce?
Texas is a community property state, meaning that most property acquired during marriage is considered community property and should be divided in a “just and right” manner. Separate property (owned before marriage or received as gifts/inheritance) typically remains with the original owner. We help clients identify, value, and protect their property interests throughout the divorce process.
How long do I have to live in Texas before I can file for divorce?
You or your spouse must have been a resident of Texas for at least six months and a resident of the county where you file for at least 90 days before filing for divorce. We can help you determine the appropriate venue for your case and ensure all residency requirements are met.
Can I get spousal support (alimony) in Texas?
Texas has specific requirements for spousal support, also called spousal maintenance. Generally, the marriage must have lasted at least 10 years, or there must be other qualifying circumstances such as family violence or disability. The amount and duration depend on various factors including the length of marriage, financial resources, and other circumstances we’ll evaluate in your case.
Texas Child Custody and Support Questions
What factors do Texas courts consider in child custody decisions?
Texas courts make custody decisions based on the “best interests of the child” standard. Factors include each parent’s ability to provide a stable environment, the child’s emotional and physical needs, each parent’s willingness to support the child’s relationship with the other parent, any history of family violence, and the child’s preferences if they’re 12 or older. We help parents present compelling cases that demonstrate their ability to serve their children’s best interests.
How is child support calculated in Texas?
Texas uses specific guidelines based on the paying parent’s net monthly income and the number of children. For one child, the guideline is generally 20% of net monthly income; for two children, 25%; for three children, 30%; and so forth. However, courts can deviate from guidelines based on specific circumstances. We ensure that all relevant income and factors are properly considered in support calculations.
Can custody and support orders be modified?
Yes, custody and support orders can be modified when there has been a material and substantial change in circumstances since the original order. For child support, modifications may be appropriate if there’s been a significant change in income or if three years have passed since the last order and the monthly support amount would change by at least $100 or 20%. We help clients petition for modifications when circumstances warrant changes.
What happens if my ex-spouse violates our custody order?
Violations of custody orders are serious matters that can result in contempt of court proceedings. Remedies may include makeup visitation time, modification of custody arrangements, or even jail time for the violating parent. We help clients document violations and pursue appropriate enforcement remedies to protect their parental rights.
Texas Adoption Questions
What types of adoption do you handle?
We handle stepparent adoptions (the most common type), relative adoptions (grandparents, aunts, uncles adopting family members), adult adoptions, and provide legal services for agency adoptions. Each type has specific requirements and procedures that we’ll explain during your consultation.
How long does a stepparent adoption take in Texas?
Stepparent adoptions typically take 3-6 months, depending on whether the biological parent consents to the adoption or whether termination of parental rights is required. If consent is given, the process is usually straightforward. We guide families through each step to ensure all requirements are met.
Do I need a home study for stepparent adoption?
In most stepparent adoption cases, a home study is not required if the child has lived with the stepparent for at least six months. However, if there are any concerns or the court requests it, a home study may be necessary. We’ll advise you of the specific requirements for your situation.
What happens to the biological parent's rights in an adoption?
In most adoptions, the biological parent’s rights must be terminated either through voluntary relinquishment or involuntary termination by the court. Once an adoption is finalized, the adopted child has the same legal rights as a biological child, including inheritance rights, and the biological parent typically has no further rights or obligations.
Texas Enforcement Questions
What can I do if my ex-spouse isn't paying child support?
Texas has several enforcement tools available including wage garnishment, asset seizure, suspension of driver’s licenses, contempt of court proceedings, and even jail time for willful non-payment. We help clients pursue the most effective enforcement remedies based on their specific circumstances.
Can I stop visitation if child support isn't being paid?
No, child support and visitation are separate legal issues. Withholding visitation because support isn’t paid is a violation of court orders and can result in serious legal consequences. However, we can help you pursue enforcement of the support order while maintaining compliance with visitation requirements.
What constitutes contempt of court in family law cases?
Contempt occurs when someone willfully violates a clear court order. Common examples include failure to pay support, violating custody schedules, failure to provide required financial information, or interfering with the other parent’s rights. Contempt can result in fines, jail time, or other sanctions designed to compel compliance.
Legal Process Questions
Will I need to go to court for my family law case?
Not necessarily. Many family law matters can be resolved through negotiation, mediation, or collaborative law processes without going to trial. However, if agreement cannot be reached on important issues, court hearings or trial may be necessary. We always prepare thoroughly for court while working to achieve favorable settlements when possible.
How do I get updates on my case progress?
We provide regular updates via phone calls, emails, and written correspondence. You’ll receive copies of all documents filed in your case and be informed of all significant developments. We’re always available to answer your questions and keep you informed throughout the legal process.
What should I bring to my first appointment?
For divorce cases, bring marriage certificates, recent pay stubs, tax returns, bank statements, and any existing court orders. For custody matters, bring any existing custody orders, school records, and documentation of your involvement in your children’s lives. For all cases, bring a list of questions and your goals for the case. We’ll provide a specific list of helpful documents during scheduling.
Can you help with emergency situations?
Yes, we handle emergency family law matters including temporary restraining orders, emergency custody orders, and protective orders. Family emergencies requiring immediate court intervention can be addressed quickly, and we work to protect our clients’ immediate safety and legal interests.
Fees and Payment Questions
How much do your family law services cost?
Fees vary depending on the complexity of your case and the services required. We provide clear, upfront information about our fee structure during your consultation. Factors affecting cost include whether your case is contested, the complexity of property or custody issues, and the amount of time required to resolve matters. We believe in transparent pricing and will discuss all costs before representation begins.
Do you offer payment plans or flexible payment options?
Yes, we understand that family law matters often occur during financially challenging times. We offer payment plan arrangements for qualified clients and accept various forms of payment including credit cards, checks, and bank transfers. Payment options will be discussed during your consultation based on your specific circumstances.
What types of payment do you accept?
We accept cash, checks, credit cards (Visa, MasterCard, American Express, Discover), debit cards, and bank transfers. We also offer secure online payment options through our website for your convenience.
Will you require a retainer fee?
For most cases, we do require a retainer fee to begin representation. The retainer amount depends on the complexity and anticipated duration of your case. The retainer is placed in a trust account and legal fees are deducted as work is performed. We provide detailed accounting of all fees and expenses throughout your case.
Are consultations confidential even if I don't hire you?
Yes, our initial consultations are confidential under attorney-client privilege, even if you decide not to retain our services. This allows you to speak freely about your situation and get honest legal advice about your options without concern about confidentiality.
Do you handle cases on a contingency fee basis?
By law, family law matters are handled on an hourly basis or through flat fee arrangements for specific services. We’ll explain our fee structure clearly during your consultation so you understand exactly what to expect.