Family Law FAQs

At The Law Offices of James H. Horton, PC, we understand that a divorce or family law dispute can be among the most difficult and stressful situations a person may face.  Below, please find answers to some of the questions we commonly receive concerning these issues.  For more information, or to discuss your case with us, contact us today to schedule a consultation. 

Q: How long does the divorce take?
A: Texas imposes a 60-day waiting period before any divorce can become final.  However, after that period has passed, the time it takes depends entirely on whether you and your spouse can come to an agreement on all of the issues.  If we can help you reach an agreement during this time, the divorce can be finalized as soon as the waiting period ends.  However, if disputes remain and we need to go to court to reach a resolution, the process can take much longer. 

Q: Do we have to go to court?
A: We pride ourselves on the fact that we are often able to help clients obtain their divorces as quickly and amicably as possible.  Through open and honest discussions, mediation, and arbitration, it is often possible to resolve all of the issues in the divorce without having to go to court.  If you tell us that you would prefer to resolve your dispute in a more amicable manner, we will work tirelessly to help you achieve that goal. 

Q: How will custody of our children be decided?
A: Ideally, you and your spouse can agree upon a fair arrangement that allows you both a lot of time with your children.  Texas law places the best interests of the children as the paramount concern.  Courts typically prefer to name divorcing parents as joint managing conservators, where both parents share certain rights, such as the power to consult with school officials and doctors.  Typically, one parent is awarded primary physical custody, while the other parent is often required to pay child support and a visitation schedule is arranged.   

Q: How much child support will I have to pay?
A: Under the Texas Family Code, child support is calculated as a percentage of the non-custodial parent's net resources as follows:

  • 20% of net resources for one child
  • 25% for two children
  • 30% for three children
  • 35% for four children
  • 40% for five children
  • No less than 40% for six or more children (subject to certain maximums)

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