In order to file for Divorce in Texas, either you or your spouse must have lived in the State of Texas for a minimum of six (6) months and in the county in which you wish to file for at least ninety (90) days.  If you have recently moved from one county to another, you may either wait until you have lived in that county for ninety (90) days or you may file in the county where your spouse lives, so long as your spouse meets the residency requirements.

This is one of the most common questions asked, and the most difficult to answer.  Once you file for divorce in Texas, there is a sixty (60) day waiting period before your divorce can be finalized.  However, obtaining a divorce that quickly is extremely rare.  Most divorces involve children, assets and debt.  Sometimes all three aspects are contested, and in that instance, your case could go on for many months.  Parties are often able to reach an agreement, either on their own, or through mediation.

Mediation is often misunderstood.  It does not involve the parties and the lawyers sitting in a room arguing.  During a mediation, one spouse and his or her attorney is in one room, and the other spouse is in another room with his or her attorney.  The mediator’s job is to try to facilitate an agreement between the parties.  If the case is settled in mediation, you will avoid having to have a trial, where a judge would decide all issues.  Over ninety (90) percent of mediations are successful. 

Child custody is determined solely by what is in the best interest of the child or children.  Most people advise their attorney that they want “primary custody”.  This is a term not found anywhere in the Texas Family Code.  Absent unusual situations, parents are usually named as Joint Managing Conservators and one parent will be designated as the conservator who has the right to determine the primary residence of the child or children.  Many factors are considered in making this determination.  Who has been the primary caregiver for the child or children?  Who is more involved in school activities and sports? Who takes the child or children to doctor’s visits and dentist visits?  If a child sees a counselor, what does the counselor believe?  Teacher opinions can also be valuable.  Depending on age, a child’s wishes can be considered.

Generally speaking, child support is calculated by taking the gross income of the paying spouse (net resources) and multiplying that number by a certain percentage.  The percentage depends on the number of children involved.  However, there are numerous factors a court can consider in determining the amount of child support, and can deviate from the above formula. The parties are not required to follow the formula, and can agree on an amount which differs from the usual formula.  Child support obligations remain until the child turns 18 years of age, or graduates from high school, whichever is later. 

In these instances, an attorney will file what’s called a “Petition in Suit Affecting Parent-Child Relationship”, often referred to as a SAPCR.  Custody, visitation and child support are determined the same way as in a divorce proceeding.

You can modify custody arrangements, as well as child support and visitation from the order currently in place, but you have to show a material and substantial change in circumstances regarding the parents or the child in order to prevail.  

In Texas, in a divorce, the court will order a division of the community assts and debts of the parties in a manner that the court deems “just and right”.  This means that the court will consider the specific circumstances of your case to determine a fair and equitable division of the marital property and debt.

All property possessed by either spouse at the time of divorce is presumed to be community property.  However, so long as you have proof, separate property is property owned by one spouse before the marriage, property given as a gift to one spouse, or property inherited by one spouse during the marriage.  Some portions of personal injury settlements are also considered separate property.  One example for instance, is if one spouse owned a home prior to the marriage, so long as that spouse can prove prior ownership, the home is that spouse’s separate property. 

In almost every instance, the answer is no, but you should definitely contact an experienced attorney to advise you before making a decision.  Detectives have extensive training in interrogation techniques, and know how to twist your words, or back you into a corner, causing you to say something or admit something harmful to you in the investigation.   

Following your arrest, you will be taken before a magistrate (judge), either in person or via teleconference. That person will explain to you what you are charged with and set your bond.  You will most likely not see a magistrate until the day after your arrest, and if you are arrested on a weekend, it will probably be the following Monday.  You will not be able to bond out of jail until you see the magistrate and he or she sets your bond. 

Bond conditions are things you are required to do until your case is resolved.  Most often the judge you see to set your bond will give you bond conditions.  If not, at your first court appearance, the judge will require them.  These conditions may include reporting to the probation department, giving urine specimens, paying fees, obtaining an alcohol monitoring devise, or having no contact with an alleged victim.  If you violate the terms of your bond conditions, a warrant could be issued, and you will be right back in jail.  Take bond conditions seriously.

A class C misdemeanor is often a ticket, punishable only by a fine.  Class B misdemeanors and Class A misdemeanors are cases punishable by time in the county jail, a fine, or both.  Felony cases are much more serious, and depending on the offense, could land you in prison for life. 

You definitely need a lawyer when you are charged with a crime, and you need to be very careful in choosing one.  You will need to choose someone who is experienced, aggressive and knowledgeable in Criminal Law.  Criminal cases can impact many aspects of your life.  Among other things, a criminal conviction could affect your freedom, your right to have a driver’s license, your right to own or possess a firearm, your right to vote, your future employability, and your ability to rent an apartment or a house.  

Deferred adjudication is a type of community supervision (probation) and is not a conviction.  Instead of finding you guilty of the crime for which you are accused, the judge will find that there is enough evidence to find you guilty, but instead of finding you guilty, will defer a finding of guilt and place you on probation for a set amount of time. 

Whether you are on regular probation or deferred probation, if you violate any term or condition, your probation officer will do one of two things.  He or she will ask you if you are willing to sign an amendment, adding some condition to address your violation.  You do not have to agree to the amendment should one be offered to you.  Amendments are not offered for all violations.  The other thing your probation officer could do is file a Report of Violation with the State, and a Motion to Revoke (regular probation) or a Motion to Adjudicate (deferred probation) will be filed and a warrant for your arrest will be issued.  You will then go to court where you will have a choice of accepting the offer made by the State or having a hearing in front of the judge.  You do not have the right to a jury on a probation violation. 

In Johnson County, our judges will not set bonds for probation violations if you are on regular probation.  You will have to stay in jail until you are set for court.  If you are on deferred probation, a bond could be set, and you could be released pending your court date.

You do not have to allow a police officer to search your vehicle after you are stopped.  Officers can be tricky in trying to get your consent.  They may ask if you have anything illegal in the car, and when you say no, they might suggest that you don’t have any reason not to consent.  Don’t fall for this.  Most all law enforcement officers wear body cameras.  Be polite but firm and tell the officer you do not consent to a search.