Answers to Your Legal Questions 

The minimum waiting period for a divorce in Texas is 60 days from the date the petition is filed. However, depending on the complexity of your case, it can take several months or longer to finalize.

In Texas, child custody is determined based on the best interests of the child. Courts look at factors such as the child’s relationship with each parent, their emotional and physical needs, and each parent’s ability to provide a stable home environment.

In Texas, custody of a child is divided into two distinct parts: conservatorship and possession. 

Conservatorship defines a parent’s rights and duties related to the child. Texas presumes that joint managing conservatorship is in the best interest of the child, giving each parent equal decision-making authority. This presumption is rebuttable, and some circumstances require a sole and possessory managing conservatorship to protect the best interests of the child. This limits one parents decision-making authority. In most cases, one parent is also designated the parent with the right to determine the child’s primary residence.

Possession defines the amount of time each parent spends with the child. Standard possession in Texas is the 1st, 3rd and 5th weekend of each month for the non-primary parent with additional summer and holiday provisions. Custom possession orders may also be entered by the Court if it is found to be in the best interest of the child, including 50/50 possession schedules.

Yes, child custody orders can be modified if there has been a material and substantial change in the parties’ or child’s circumstances since the original order was issued.  This might include a change in living conditions, income of one parent, or the child’s needs and desires.

The Texas Family Code sets forth standard guidelines for child support in Texas. The amount of support is calculated based on a percentage of the paying parent’s net resources, the number of children subject to the child support order and the number of other children the paying parent is legally obligated support. The court may adjust this amount based on other factors, such as healthcare and education costs, and equalized possession of the child.

In Texas, community property includes assets acquired by either spouse during the marriage, and are generally subject to division upon divorce. Other property, such as inheritances or property owned prior to the marriage, is considered separate property. Separate property is generally not subject to division upon divorce, however, certain treatment of separate property by the parties during the marriage may result in claims for reimbursement or mutation of the characterization of the property that must be addressed in the division of the marital estate.

Texas courts award spousal support in limited circumstances. The requesting party must lack sufficient resources to meet his or her minimum needs due to the divorce and meet other criteria set forth in the Texas Family Code and Texas case law.

Texas courts take domestic violence very seriously. If one parent has a history of domestic violence, the court may limit or deny access and possession of the child for that parent. The court may also enter permanent injunctions and/or protective orders to protect the child and the other parent from future acts of domestic violence creating additional civil and criminal punishments for future offenses.

It depends. Many divorces in Texas are settled through mediation or informal negotiation between the parties without having a trial before the court. Some Texas courts allow the parties’ agreement to be entered on submission without the need for either party to enter the courtroom. However, if you and your spouse cannot agree on the division of the marital estate or child custody issues, you will have the option of having either a trial before the judge or before a jury.

Texas courts award grandparents custody or visitation rights in limited circumstances. Grandparents may only file an original suit requesting managing conservatorship if there is satisfactory proof that the request is necessary because the child’s present circumstances would significantly impair the child’s physical health or emotional development, or the child’s parents consent.

Similarly, the court may award possession of or access to a grandchild when a grandparent can prove that the denial of possession or access would significantly impair the child’s physical health or emotional well-being. The court may consider this if the grandparent can overcome the presumption that a parent acts in the best interest of the child, the grandparent is the parent of a parent of the child that has been incarcerated for more than three months, been found incompetent by a court, is deceased, or does not have actual or court-ordered possession of the child.

Earnest money is a deposit made by a buyer to show their serious intent to purchase a property. It’s typically held in escrow until closing when it’s applied to the purchase price.

In Texas, property taxes are prorated at closing based on the time each party owns the property during the tax year. The buyer and seller will share the property tax burden for the year.

In Texas, homebuyers typically have an option period during which they can back out of the contract for any reason. After this period, backing out may result in the loss of the earnest money deposit.

Title insurance insures you and your lender from any disputes or defects in the title of the property. It’s a one-time purchase and is highly recommended in any real estate transaction.

A general warranty deed guarantees the property’s clear title for all previous owners, while a special warranty deed only covers the period during which the seller owned the property.

In Texas, sellers are legally required to disclose known material defects with the property. If they fail to do so, the buyer may have grounds for legal action after the sale.

Yes, you can sell your property without a realtor, but it requires knowledge of the process, including pricing, marketing, negotiating, and completing legal paperwork. Call us, we can help. 

The average time to close on a home in Texas is 30 to 45 days. However, this can vary depending on factors like the buyer’s financing and the complexity of the transaction.

A Homeowners Association (HOA) is an organization that enforces rules and manages common areas in a community. You’ll need to comply with HOA rules, and you may be required to pay dues. Make sure you are aware of the HOA rules and dues before you buy. 

Property line disputes are common and can often be resolved through a survey or negotiation. If an agreement cannot be reached, legal action may be necessary. Make sure you have a current survey of your property. 

A will takes effect after you pass away and dictates how your assets are distributed through the probate process, via a bequest to a beneficiary. A trust, on the other hand, takes effect during your lifetime, or after your death, and allows you to manage assets through a trustee who must comply with the terms of your trust for the benefit of a beneficiary and/or for a specific purpose.  Generally, the management of a trust avoids probate.

Construction law in Texas covers everything from contract negotiations and construction defects to liens and disputes between contractors, subcontractors, and property owners.

If you have a dispute with a contractor, try to resolve it through open communication first. If that fails, you should seek the advice of an attorney before proceeding uniformed. Many construction contracts and construction law in general have many pitfalls in which an owner or a contractor could inadvertently waive rights. 

A mechanic's lien allows contractors, subcontractors, or suppliers to secure payment for work performed on a property. It is a legal claim against the property if the owner fails to pay.

Since construction law is essentially based on contact law, the statute of limitations for filing a construction defect claim in Texas, for most claims, is four years from the date the defect is discovered or should have been discovered. However, when in doubt, call us, we can help. 

A construction contract is a legally binding agreement between the parties involved in a construction project, outlining the scope of work, payment terms, and other conditions related to the project.