Questions

Answered.

General, educational information about Texas family law — not legal advice. For guidance on your specific situation, schedule a consultation.

Divorce in Texas
How long does a divorce take in Texas?
Texas requires a minimum 60-day waiting period from the day you file before a divorce can be finalized. An uncontested divorce may wrap up shortly after that window; a contested case involving custody or property disputes can take several months or longer. We'll give you a realistic timeline for your situation.
Do I need grounds to file for divorce?
No. Texas allows "no-fault" divorce on the ground of insupportability — meaning the marriage has become unworkable. Fault grounds (such as cruelty, adultery, or abandonment) also exist and can sometimes affect property division or custody. We can explain whether they matter in your case.
Is Texas a community property state?
Yes. Most property and debt acquired during the marriage is considered community property and is divided in a "just and right" manner — which does not always mean a 50/50 split. Property you owned before marriage or received by gift or inheritance is generally separate property. Characterizing and dividing assets correctly is one of the most important parts of a divorce.
Do I have to be legally separated before divorcing?
No. Texas does not recognize "legal separation." You remain married until the divorce is finalized, though courts can put temporary orders in place for support, the home, and the children while the case is pending.
Can I receive spousal support (maintenance) in Texas?
Sometimes. Texas spousal maintenance is limited and has specific eligibility requirements — for example, a marriage of 10+ years with an inability to meet basic needs, certain instances of family violence, or a disability. Amounts and duration are capped by statute. We can assess whether you may qualify.
What are the residency requirements to file in Texas?
Generally, one spouse must have lived in Texas for at least six months and in the county where you file for at least 90 days before filing.
Child Custody & Visitation
How does child custody work in Texas?
Texas courts make custody decisions — legally called "conservatorship" — based on the best interest of the child. Conservatorship covers decision-making rights (such as where the child lives and education and medical choices), while "possession and access" covers the visitation schedule. Courts generally favor both parents staying involved.
What's the difference between joint and sole conservatorship?
In Joint Managing Conservatorship, both parents share rights and duties (though not necessarily equal time). In Sole Managing Conservatorship, one parent holds most of the major decision-making rights — usually reserved for situations involving things like family violence, neglect, or absence. Most Texas cases result in some form of joint conservatorship.
At what age can a child choose which parent to live with?
A child does not get to simply "choose." However, once a child is 12 or older, a judge may interview them in chambers to hear their preferences. The judge still decides based on the child's overall best interest.
What is a Standard Possession Order?
It's the default visitation schedule many Texas courts use — commonly first, third, and fifth weekends, a weeknight, alternating holidays, and extended summer time. Schedules can be customized to fit your family and your child's needs.
Can a parent move away with the child?
Relocation is one of the most contested issues in family law. Orders often include geographic restrictions, and moving a child outside an allowed area usually requires the court's permission. If you're facing a move — or trying to prevent one — it's worth talking through early.
Child Support
How is child support calculated in Texas?
Texas uses statutory guidelines based on a percentage of the paying parent's net resources — generally around 20% for one child, 25% for two, 30% for three, and so on, subject to a cap on the income considered. Courts can deviate from the guidelines in certain circumstances.
How long does child support last?
Typically until the child turns 18 or graduates from high school, whichever is later. Support may continue longer for a child with a disability requiring ongoing care.
What if the other parent won't pay support?
A child support order is enforceable. Remedies can include wage garnishment, contempt proceedings, license suspension, and more. If you're owed support, we can pursue enforcement; if you're behind, we can help you address it the right way.
Working With Our Firm
How much will my case cost?
It depends on the type and complexity of your matter. We offer flat fees for defined work, hourly billing for contested cases, and payment plans — and we're transparent about all of it from your very first consultation, so there are no surprises.
Do you offer payment plans?
Yes. We know legal help is a major step, and we work with clients on payment arrangements so cost is less of a barrier to getting the representation you need.
What should I bring to my consultation?
Any existing court orders, a short timeline of what's happened, and the questions most on your mind. You don't need everything perfectly organized — helping you make sense of it is part of what we do.
Do you only represent mothers?
No. While Gianni built her platform advocating for single mothers, the firm represents parents and families of all kinds who want a team that genuinely cares about their children's well-being.
Can I change an order that's already in place?
Often, yes. Texas allows modifications when there's been a material and substantial change in circumstances. The right path depends on your specific orders and situation, which we can walk through together.
What is a protective order?
A protective order is a court order designed to protect someone from family violence, threats, or harassment. If you or your children are in danger, this is something we can move on quickly — and if you've been served with one, we can help you respond.
Which areas do you serve?
Families across Houston, Dallas, Fort Worth, Austin, San Antonio, and the Rio Grande Valley.
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