Divorce & Family Law Attorneys

If you want to get a divorce, you probably have a lot of questions. Fortunately, we have the answers below. If you don’t find the answer you’re looking for, or you’d like a free legal consultation regarding your divorce or family law issue, call the family law attorneys at Tilton & Tilton anytime at 713-774-8600.

How much will I have to pay in child support?

Child Support Guidelines

The Texas Family Code provides a standard formula to determine how much a party should pay for child support called the child support guidelines. Texas law presumes that it is in the best interest for your child for a court to follow the child support guidelines, except in situations where you can show your child has special needs.

Special needs include physical disabilities. The Court calculates child support as a percentage of your net resources, or after tax salary. So for example, for one child, support is calculated at 20% of your net resources, for the second, calculated at 25%, and so on. The maximum percentage is 40% of your net resources for 5 or more children. For more information about child support, call our experienced family law attorneys at 713-774-8600. We have years of experience handling child support cases.

Can I handle this divorce on my own?

Divorce requires knowledge of the family code.

The State of Texas does not require you to hire an attorney to get your divorce, but you need to be careful if you decide to handle your divorce without the aid of an attorney. When you are a pro se client, or representing yourself, the court will treat you like an attorney and will assume you know all aspects of the family code.

If you have children, a complex estate, or are in a contested divorce case, then it is strongly recommended that you retain an attorney to ensure your rights are protected. For more information about your divorce, our divorce attorneys at Tilton & Tilton have the answers you need, call us anytime at 713-774-8600.

I was just served with divorce papers. What do I do?

A divorce is like any civil lawsuit in Texas where you file a petition and the other party has to file an answer. Once you are served with the petition for divorce, then you have until the first Monday following 20 days after you were served to file an answer.

If you do not file an answer, your spouse may be able to move forward with the divorce on a default basis and you will have no say as to the terms of your divorce. It is strongly recommended that you contact an attorney if you are served with divorce papers. If you have been served with a divorce, our divorce lawyers can provide you a free legal consultation whether you’d like to move forward with our attorneys or not. Call us at 713-774-8600.

Can I get alimony in Texas?

Texas has no alimony.

There is no such thing as alimony in the traditional sense in Texas. Texas recognizes payments known as spousal maintenance, but only in limited circumstances. To qualify for spousal maintenance, you have to have been married for at least 10 years prior to filing for divorce; the division of your community estate is not enough to meet your minimum needs; and you lack the job skills necessary to obtain a job to meet your minimum needs. Also, spousal maintenance is limited to three years after marriage. To see whether you qualify for spousal maintenance, contact our experienced family law attorneys at 713-774-8600.

How long will my divorce take?

Divorce takes at least 61 days in Texas.

In Texas, there is a mandatory “cooling off period” of 60 days after you file a petition for divorce. Because of the cooling off period, the earliest you can get divorced is the 61st day after filing your petition for divorce. In cases where you and your spouse agree to the terms of your divorce, this period is spent finalizing all the documents necessary for the divorce and making sure your agreement is properly represented in your divorce decree. In contested cases, divorces can take as early as 61 days and can last over a year. For more information about your rights, contact our experienced family law attorneys at 713-774-8600.

What is the difference between community property and separate property?

Texas is a community property state. This means that when you are married, Texas assumes that typically property and money you earn or acquire during your marriage is essentially owned by both you and your spouse 50/50. So when you file for divorce, any community property acquired during marriage will be split in a “just and right” division. Sometimes it’s 50/50, but it can be more or less depending on the facts of your case. Separate property is property acquired or earned before marriage, and certain property gifted or inherited after marriage. If you have any questions regarding your community estate, contact our experienced family law attorneys at 713-774-8600.

How much will this divorce cost me?

The facts and circumstances surrounding every divorce is different. As a Houston divorce lawyer, Brad Tilton understands that not everyone has thousands of dollars to fight in divorce cases. As such, Brad Tilton provides divorces with flat rates as low as $600.00 as well as hourly contested cases. Many times, the cost of divorce is driven by the actions of one party toward another. Brad Tilton charges a refundable retainer in his hourly cases. To find out more about the costs of your divorce, contact our experienced family law attorneys at 713-774-8600.

How long do I have to live in Houston to get a divorce?

To file for divorce in Texas, you need to be domiciled in the State of Texas for the previous six months and a resident of Harris County for the previous 90 days.