Family, Divorce, and Domestic Violence

Know Your Rights

Family Court

Depending on where your divorce, custody, or child support case is filed, your case may be heard in a family law court, a general court, or a IV-D (pronounced “four dee”) or child support court. In family law cases, the judge will make decisions on the issues if the parties cannot reach an agreement. The judge may require the parties to attend mediation with a mediator and/or attempt informal negotiation before having a hearing. If asked to make a decision, the court will rely on the law in its determination of what would be in the best interest of the case or of the children, if any.

Filing for Divorce in Texas

To file for divorce in Texas, either the individual or their spouse must have been a resident of Texas for at least six months and of the county where they intend to file divorce for 90 days before filing. The process includes a few steps, such as:

• Filing a petition for divorce with the district clerk in the county where the individual lives
• Serving the spouse with the divorce petition
• Negotiating a settlement with the spouse or, in some cases, having a contested hearing in front of a judge
• Signing and submitting a final decree of divorce to the court

A contested divorce, where children are involved or the couple cannot agree on division of assets, is typically more complicated and time-consuming than a simple divorce.

Orders of Protection

Orders of protection are issued by a court to protect an individual from domestic violence, harassment, stalking, or other forms of abuse. These orders can keep the abuser from contacting the individual, coming within a certain distance of them or their place of employment, and can result in penalties when violated by the abuser.

Family or Domestic Violence

If individuals are or have been subjected to family or domestic violence, they have legal rights to protect themselves and family members by seeking necessary help. This includes finding temporary shelter, getting an order of protection, reporting the abuse to the police, or filing for divorce.

Your Legal Options

Depending on your situation, our lawyers can help you understand your rights and options, prepare and file legal documents, represent you in divorce hearings, advocate on your behalf in domestic violence hearings, resolve family disputes through mediation, or refer you to counseling or support groups that can provide further help.

We can assist with:

• Orders of protection where there has been physical abuse or threat of violence
• Orders of protection for survivors of sexual assault
• Divorce involving family violence or custody with collectable child support
• Name change
• Advice on a range of family law issues