Frequently Asked Questions

Texas Family Law FAQs

As you research your family law situation, these frequently asked questions regarding divorce law, child support, child custody, and adoption may be useful to you.

Get family law legal counsel in the Dallas-Fort Worth area

For a legal consultation or representation on matters of adoption, child support, divorce, and modifications, contact us online or call us at 817-329-3800 to speak to the dedicated family law attorneys at Branch & Tenorio, Attorneys at Law.  We are committed to providing quality legal services to all of our family law clients, including a free initial consultation.

My ex is not allowing me to see our children.  Can I refuse to pay child support?

While your situation may be frustrating and you may feel out of control, withholding court-ordered child support is not the answer.  Likewise, if your former spouse has stopped paying child support, you cannot legally refuse him or her their visitation rights.  Both of these actions are illegal in Texas. A better solution is to  contact us about seeking enforcement of the court order.

How long does it take to get divorced in Texas?

The length of time to finalize a divorce can vary greatly, from as little as two to three months—by Texas law, a divorce cannot be finalized until at least 60 days have passed from when your attorney files the original petition—to several years.  If your case is uncontested, the duration is often very short.  If, however, your divorce is not amicable and agreeable, the divorce takes much longer.

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Since separating, we now reside in different towns.  Where should we file our divorce case?

To file in Texas, at least one of the divorcing parties must have resided in Texas for the six months leading up to the filing. We file your divorce in the particular county that you or your spouse has lived in for the last 90 days of the six-month period.

Let us say, for example, that you have lived in Nash, Texas in Ellis County for at least the last six months and that your spouse has lived in Dallas for at least the last six months.  In this case, you can file for divorce in Ellis County or in Dallas County.

How long does it take to adopt a child in Texas?

Many things affect the adoption timetable.  The full cycle—from making the decision to adopt to full and final placement of the adopted child in your home—can be as short as a few months, or it can take several years.  Factors influencing that duration include—

  • The kind of adoption (foster care vs. standard domestic vs. international, for instance)
  • The child's race
  • The child's age (newborns generally take longer)
  • Any health or physical impairments or disabilities of the child
  • Whether or not you have any limiting criteria in your selection of an adoptee

My wife and I are both in our 50s.  Are we prohibited by age from adopting?

Texas law does not have an age limit on adoptions.  However, some adoption agencies may.  And if you are in Texas but adopting internationally, you may run into upper age adoption limitations in those countries.

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