Lewisville:  Frisco:
Flower Mound:
    •    Lewisville: (469) 948-4764
    •    Frisco: (214) 269-9601
    •    Flower Mound: (469) 817-3273

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Family and Divorce Law Frequently Asked Questions

Important FAQs on Family Law

  • What is Collaborative Law?

    Collaborative law is a process where all parties commit to resolving their differences fairly instead of through what can be an emotionally, and financially, expensive process of divorce trials (contested hearings) and courtroom legal wrangling.
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  • What factors will the Texas court consider when determining how much spousal support to award to a party?

    The Court will consider the needs of the requesting spouse and the ability of the other spouse to pay. The court will also consider whether the person seeking spousal support is disabled or is the full-time caregiver of a disabled child. Read More
  • On what basis does a Texas court decide how marital property is divided?

    Texas is a so-called “equitable distribution” state. This means that the division of property and debts between the divorcing parties should be fair and equitable, but not necessarily equal. Read More
  • What is "separate property"?

    The Texas Constitution defines “Separate Property” and “Community Property.” Read More
  • What happens to that "separate property" during a divorce case?

    This question concerns whether property owned by one of the parties should be included in the marital estate for purposes of the court’s property division.

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  • I have heard that the presumption in Texas is that the parents of a child should be appointed as "joint managing conservators." Does that mean that the parents split time with the children 50-50?

    No. “Joint Managing Conservators” means that the parents share rights and duties to to their children. Read More
  • What is Managing Conservatorship (custody) and possession and access (visitation)?

    In Texas, there is a rebuttable presumption that parents should serve as the Joint Managing Conservators of their children (see above). In Texas, “Conservatorship” is the equivalent of “Custody” of the children.

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  • If the parents cannot agree on conservatorship and access issues, on what basis will the court decide those issues?

    These matters, like all of those pertaining to children, are based upon a finding by the court of the children’s best interest. Read More
  • What is "child support"?

    Child support is money paid by the non-custodial parent to the custodial parent in order to meet the needs of the children. Read More
  • To what should the parties look for guidance regarding amount of child support to be paid? What standard will the court use if the parties cannot agree?

    The Texas Family Code contains guidelines for the computation of child support. Read More
  • When does the duty to pay child support end?

    Unless the child marries sooner than age 18, joins the military, or does something else to become “emancipated”prior to turning 18 years of age, child support orders continue until the child reaches age 18. Read More
  • For how long must a person live in Texas before he or she can obtain a divorce in Texas?

    The wife, the husband, or both spouses must have lived in Texas for at least the most recent six months (this is referred to as “being domiciled in Texas”).

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  • What do some terms commonly used in Texas divorce proceedings mean?

    The spouse who initiates the case, by filing an Original Petition for Divorce, is known as the “Petitioner.” The other spouse is designated as the “Respondent.” 

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  • How long does a divorce case have to be on file with the court before a divorce can be granted?

    Once the divorce case is filed, there is a minimum sixty-day waiting period prior before the court has the power to grant the divorce, except in cases of family violence.

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  • I have heard people talk about "having grounds for divorce." What does that mean?

    “Grounds for divorce” means simply a basis on which the court may grant a divorce. Read More
  • What are the recognized grounds for divorce which are recognized in Texas?

    No Fault—this means that the marriage has become insupportable because of discord or conflict of personalities that destroy the legitimate ends of the marriage and, there is no reasonable expectation that the spouses will reconcile with one another.

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  • Is spousal support available while the divorce is pending in court, or only after the divorce has become finalized?

    The court may order that one spouse pay spousal support to the other spouse while the divorce case is ongoing, as well as after the case ends. Read More
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About Us

The Heiman Law Firm provides professional family law services in cases such as divorce, child custody, child support, CPS, adoption and more. We have been proudly serving clients, primarily in Denton County, for over 25 years.

Office Hours

Monday-Friday 8:30 am to 5:00 pm
Saturday Appointments Available

DFW Office Locations

Lewisville, Texas
405 State Highway 121 Byp Ste A250
Lewisville, TX 75067

  (469) 948-4764

Frisco, Texas
2770 Main Street Ste 179
Frisco, TX 75033

  (214) 269-9601

Flower Mound, Texas
2201 Spinks Rd
Flower Mound, TX 75022

  (469) 817-3273

  This email address is being protected from spambots. You need JavaScript enabled to view it.

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