Questions to Ask a Divorce Lawyer in Texas
Questions built around Texas procedure: residency and the waiting period, community property and tracing, conservatorship and possession, the support guideline, and how much your county affects the case.
The questions
Open any question for the note
Do I meet the residency requirement for filing here?
Why ask it
Texas requires six months in the state and ninety days in the county where you file. Getting the county wrong means starting over, and the delay can matter more than the filing fee.
How does the sixty-day waiting period apply to us?
Why ask it
A Texas divorce generally cannot be granted until sixty days after the petition is filed, with narrow exceptions in family violence cases. Nothing is final before then however much you agree.
Should we file on insupportability or on a fault ground?
Why ask it
Texas allows a no-fault filing and also fault grounds such as cruelty or adultery. Fault can affect how property is divided, so ask whether pleading it is worth the fight it starts.
Texas is a community property state. What does that mean for what we own?
Why ask it
Property acquired during the marriage is presumed community and subject to a just and right division, which is not automatically an even one. Ask what in your case would shift it.
What of mine is separate property, and how do I prove it?
Why ask it
Property owned before the marriage, along with gifts and inheritances, can be separate, but the burden of tracing it falls on you. Ask which records are needed and whether yours go back far enough.
If we lived together before marrying, could that period count?
Why ask it
Texas recognizes informal marriage where certain elements are established, which can change when the community estate began. It comes up more often than people expect and is worth raising yourself.
Is either of us eligible for spousal maintenance?
Why ask it
Court-ordered maintenance in Texas has narrow eligibility rules and statutory caps on both amount and duration. Ask whether contractual alimony agreed between the parties would work better in your situation.
How is child support calculated, and does the cap affect us?
Why ask it
The guideline applies a percentage of the paying parent's net resources that rises with the number of children, up to a cap that is adjusted periodically. Ask what happens when income exceeds it.
Texas uses conservatorship rather than custody. What would that mean for us?
Why ask it
Texas separates decision-making, called conservatorship, from possession and access, which is the schedule. Joint managing conservatorship does not mean equal time, a distinction people routinely miss.
What does a standard possession order look like against my actual work week?
Why ask it
Texas has a default schedule that many orders follow, plus an expanded version. Walk through it against your real hours before arguing for something different, since the default is the starting point.
Which parent would have the right to decide where the children live?
Why ask it
In a joint arrangement one parent usually holds the exclusive right to designate the primary residence, often with a geographic limit attached. This one term shapes more of your life than most others.
Should there be a geographic restriction, and how wide?
Why ask it
A restriction to a county or a school district constrains both parents for years. Ask what is standard locally and what happens if the restricted parent later needs to move for work.
Will we be ordered to mediation?
Why ask it
Texas courts commonly order mediation in contested family cases, and a mediated settlement agreement can be very hard to undo afterwards. Ask what you should have decided before you walk in.
Could either of us ask for a jury?
Why ask it
Texas is unusual in permitting juries on certain family law issues. Ask whether that applies to anything in your case, and what it would add in cost and delay if it did.
Can I get temporary orders, and how soon?
Why ask it
Temporary orders can cover support, the house, and the children while the case runs. Ask how quickly a hearing can be set in your county and what evidence the judge will expect.
What standing orders already apply in our county?
Why ask it
Many Texas counties have standing orders that take effect on filing and restrict both parties immediately. Ask what yours says, since people breach it without ever having read it.
What financial disclosure will be required?
Why ask it
Expect an inventory and appraisement listing every asset and debt, each characterized as community or separate. Doing this carefully at the start is the cheapest hour of work in the case.
How would a retirement account or military pension be divided?
Why ask it
A separate order is usually needed, and military and federal plans follow their own rules. Ask who drafts that document and whether they have done it for your type of plan before.
What happens to our debts and to accounts in one name?
Why ask it
A decree assigning a debt does not bind the lender, so a card in your name can remain your problem regardless. Ask how joint accounts and the mortgage should be closed or refinanced.
Do you appear in the court where my case will be heard?
Why ask it
Texas counties differ in standing orders, use of associate judges, and how fast hearings are set. Familiarity with your court affects both the timeline and what a realistic settlement looks like.
Divorce in Texas: practical notes
Practical guidance for the conversation itself
Building your inventory
- List every asset and debt, with the current balance and the date it was acquired.
- Mark each item community or separate, and note what evidence supports the separate ones.
- Trace separate property through statements: an inheritance deposited into a joint account needs a paper trail.
- Gather three years of tax returns, plus business returns and partnership documents if either of you owns one.
- Collect retirement plan statements, including any military or federal service records.
- Note vehicles, trailers, tools, and equipment, which are frequently forgotten and frequently disputed.
The children's side in Texas
Conservatorship and possession are different things
Conservatorship is about rights and duties: medical decisions, schooling, access to records. Possession and access is the calendar. You can hold joint conservatorship while having a limited share of the overnights.
The residence designation is the term that matters
Which parent may designate the children's primary residence, and any geographic limit on it, controls schooling, daily logistics, and both parents' freedom to move. Treat it as the central negotiation, not a detail.
Start from the default schedule
Courts work from a standard order, so it helps to know what it gives you before you propose something else. Ask which parts are commonly varied in your county and which are not.
Support and time interact
Changing the schedule can change the support calculation. Ask to see the numbers for two or three realistic schedules together so you are comparing whole outcomes rather than single terms.
Choosing a Texas lawyer
Check the license and any discipline
The State Bar of Texas publishes each attorney's status, license date, and public disciplinary history. Look before you pay a retainer rather than after a problem appears.
Ask about your specific county
Standing orders, associate judges, mediation practice, and hearing waits vary a great deal across Texas. A lawyer who is in that courthouse regularly will be more accurate about timing than any general estimate.
Board certification is a fact you can verify
Board certification in family law is a specific credential rather than a marketing phrase. It is not required for good representation, but it is checkable, unlike claims about success rates.
Get the fee arrangement in writing
Ask the hourly rates for everyone who might work on the file, the retainer amount, the billing interval, and whether the unused balance is returned. Compare written engagement letters, not recollections of a conversation.