Family Law FAQ

Get Answers from a Knowledgeable Houston Family Lawyer

What are the different types of divorce?
Divorce is either contested or uncontested. A contested divorce is when spouses cannot come to an agreement on many marital issues, which may require litigation to resolve. Unlike a contested divorce, an uncontested divorce is when both spouses have agreed on all issues. This is the more favorable type of divorce, and the more cost-effective option.

How is property divided in Texas during a divorce?
Texas is a community property state, which means that all martial property is subject to a 50/50 split. In rare cases, a judge might find that it is "just and right" to give one spouse more than the other, but in most cases, the judge decides what an equal split of the property would be. Spouses and families can protect certain property from this process with prenuptial agreements.

Can I get separated in Texas?
Unfortunately, Texas does not recognize legal separation between married couples. If you and your spouse are interested in establishing legally-recognized child custody or property arrangements while remaining married, however, you may have options. Contact us to learn more about Partition and Exchange Agreements or Suit Affecting Parent-Child Relationship (SAPCR).

What are "The Holley Factors?"
"The Holley Factors" is legal shorthand for the factors taken into account when determining the best interests of a child. Best interest is the number one critical factor a judge will look at when deciding on child custody and visitation. These factors include the stability of the home in question, the wishes of the child, the parenting abilities of the individuals seeking custody, and others.

How is child support calculated?
Child support may be calculated based on the parent's monthly average income and net resources. There are other factors that may affect the amount the parent must pay, including the child's age, needs of the child, the ability of both parents to contribute, the amount of time each parent has the child in possession, and access agreements.

When are child support payments made?
It differs for each case. The court may force the non-custodial parent to make periodic payments, a lump-sum payment, an annuity payment, or any combination of payments.

Can child support orders be modified?
Yes. You may pursue modification through a court hearing, or through the Child Support Review Process. As long as you meet the requirements, you may be eligible to modify the order. Keep in mind that you can't change the amount of child support on your own. You may only do that by obtaining a new court order.

What is the goal of the Hague Convention?
The Hague Convention was created to prevent the abduction, sale of, or trafficking in children when adopting an international child.

Where am I prohibited from carrying a weapon?
It is unlawful to carry a weapon on certain premises, such as schools, polling places, government courts or offices, racetracks, and airports. It's also illegal to have handguns in plain view in a vehicle or watercraft.

What type of personal injury cases do you take?
The Torres Law, P.C. handles car accidents, truck accidents, slip and falls, and product liability cases. For a complete list, feel free to contact my office.

Where can I find you online?

Do you have more questions?

Do not hesitate to contact me at the Torres Law, P.C. if you have additional questions that you would like to ask. My name is Attorney Enrique "Henry" Torres, and I am ready to answer any questions related to family law, criminal defense, and personal injury law.