FAQ

While juvenile records are often sealed, some convictions may impact future opportunities like education, employment, or military service. Seeking to seal or expunge records can help mitigate this.

Juveniles are typically not sent to adult prisons. However, for severe crimes, they can be placed in Texas Juvenile Justice Department (TJJD) facilities, and in rare cases, transferred to adult prison after turning 19.

Juveniles can be held in a detention facility until their court hearing, but they cannot be held indefinitely. The length of detention varies depending on the severity of the crime and the progression of the court case.

Deferred prosecution is an alternative to formal prosecution where the juvenile agrees to fulfill certain conditions (e.g., counseling, community service) in exchange for having the charges dismissed.

In some cases, parents may be held financially responsible for property damage or other consequences resulting from their child’s actions, such as paying fines or restitution.

A detention hearing determines whether a juvenile should be released to their parents or held in a juvenile detention center while their case is pending. It is held within 48 hours of arrest.

Yes, if a juvenile is charged with certain crimes, particularly felonies or drug offenses, schools may be notified, and the child could face disciplinary actions like suspension or expulsion.

Yes, juveniles can be placed on probation as part of their sentence. Probation terms may include attending school, participating in counseling, performing community service, and adhering to curfew restrictions.

Yes, most juvenile records in Texas are automatically sealed once the individual turns 19, assuming they have not committed additional offenses. In some cases, records can also be expunged, meaning they are erased.

Yes, it is important to hire a criminal defense attorney with experience in juvenile cases to protect your child's rights and navigate the complexities of the juvenile justice system.

If a juvenile is arrested, they will typically be taken to a juvenile detention facility. A detention hearing must occur within 48 hours to determine if the juvenile should be released or held further.

Punishments can range from probation, community service, and counseling to more severe consequences like juvenile detention, depending on the crime and the juvenile’s prior record.

Common offenses include theft, vandalism, drug possession, underage drinking, assault, truancy, and shoplifting. More serious crimes, like gang-related activities, can also occur.

Yes, in certain serious cases such as murder, aggravated assault, or robbery, a juvenile as young as 14 can be certified to stand trial as an adult if the court deems it appropriate.

A juvenile crime refers to any criminal act committed by a person between the ages of 10 and 16. Once a person turns 17, they are treated as an adult in the criminal justice system.

Spousal support is less common in short-term marriages unless there are extenuating circumstances, such as a disability or family violence. Courts are more likely to award support after longer marriages.

Yes, couples can negotiate spousal support terms as part of their divorce settlement agreement, which may provide more flexibility than court-ordered maintenance.

While Texas is a no-fault divorce state, courts may consider marital misconduct, such as adultery, when determining spousal support, especially if it impacts the financial situation.

No, spousal maintenance is only awarded in limited circumstances where the requesting spouse cannot meet their basic needs and meets the statutory requirements.

If a spouse fails to pay court-ordered support, you can file a motion for enforcement with the court, which may result in wage garnishment, fines, or even jail time for noncompliance.

Yes, but the amount and duration of support may be affected by your earning capacity. If you can support yourself fully, the court may deny or reduce spousal maintenance.

Yes, prenuptial or postnuptial agreements can include provisions waiving or limiting spousal support, and courts generally uphold these agreements unless they are unconscionable.

Yes, a spouse can request temporary spousal support during the divorce proceedings to help with living expenses until the divorce is finalized.

Yes, spousal support typically ends if the recipient remarries or cohabitates with a new partner. It also terminates upon the death of either party.

The amount is based on the receiving spouse’s needs and the paying spouse’s ability to pay. However, Texas law caps spousal maintenance at $5,000 per month or 20% of the paying spouse’s monthly income, whichever is less.

Spousal maintenance is ordered by the court under certain conditions, while contractual alimony is an agreement between spouses, typically included in a divorce settlement.

If the other parent fails to follow the new court order, you can file a motion for enforcement, which may result in fines, penalties, or even jail time for noncompliance.

Generally, court order modifications are not backdated; they take effect from the date the petition is filed. Any obligations prior to the modification request typically remain enforceable.

You’ll need to provide evidence of the substantial change in circumstances. This may include financial records, medical reports, school records, or testimony from witnesses who can attest to the changes.

Yes, in some cases, you can request a temporary modification (such as in cases of illness, short-term relocation, or emergencies) until a final decision is made.

If you move out of Texas, you can still request a modification, but you may need to file in the state where the original order was issued, unless jurisdiction is transferred.

Yes, in Texas, if the child is 12 years or older, the court may consider their preference when deciding on a modification of custody or visitation, but the child’s preference alone is not determinative.

Generally, there is no waiting period for requesting modifications, but in child custody cases, you usually cannot file for modification within one year of the prior order unless there is an immediate danger to the child.

Yes, child support orders can be modified if there has been a material and substantial change in circumstances or if it's been three years since the last order and the new guidelines would differ by $100 or 20%.

While not required, having an attorney can ensure that your modification request is properly filed and increases the likelihood of a successful outcome, especially if the other party disputes the change.

The timeline can vary, but it typically takes a few months. If both parties agree to the modification, it may be quicker. If there’s a dispute, it could take longer and may require mediation or a court hearing.

While you can agree to changes, you still need the court to approve the modification and issue a new order. Without court approval, your agreement isn’t legally enforceable.

You’ll need to file a petition to modify the court order in the same court that issued the original order. A hearing may be required, and evidence of the change in circumstances will need to be presented.

Court orders related to child custody, visitation, child support, and spousal support (alimony) can typically be modified if circumstances change significantly.

Examples include a parent’s relocation, a parent losing their job, changes in the child’s health or educational needs, or a parent engaging in behavior harmful to the child (e.g., substance abuse).

We are proud to be a law firm that stays in close and frequent communication with our clients. We know that few things are more frustrating than feeling uninformed while something as important as a family law or divorce case progresses. To keep you confident that your case is reflecting your goals, we do our best to give quick updates whenever there are important changes or decisions.

Our team at the Law Offices of Mark M. Childress, PLLC focuses on family law and divorce cases. We have been highly decorated and recognized by various professional organizations that rate and review law firms, especially those that also focus on family law. For example, some of our distinctions include “Best Divorce Lawyers in Fort Worth 2022” by Expertise.com and “Top 10 Family Law Firm” by Attorney and Practice Magazine.

Divorce mediation is an alternative dispute resolution (ADR) process in which a trained mediator helps divorcing couples reach mutually satisfactory agreements on key issues such as child custody, visitation rights, division of assets, and alimony. The mediator remains neutral throughout the process and does not advocate for either spouse. Throughout the negotiations, both parties are encouraged to express their needs and concerns in a safe, respectful environment where cooperation is key. Mediation can help divorcing couples maintain control over the outcome of their case by allowing them to come up with creative solutions that work best for both parties.

When looking for a divorce lawyer, it’s important to consider their experience, reputation, and your comfort level. You should look for a lawyer who has experience in family law and the laws that apply to your particular situation. It is also important to find someone you feel comfortable with so you can openly discuss the details of your situation and trust that they will be open, honest, and supportive throughout the process. Reading reviews from previous clients can also give you an idea of what to expect before making a decision.

Divorce proceedings can be an overwhelming and complicated process. If you have children, significant assets, or complex financial agreements, then it is highly recommended that you consult with a lawyer to ensure that all your rights and interests are respected and that any potential settlements are fair. A lawyer can also provide helpful advice and guidance throughout the legal process. Even if your divorce is uncontested, then it is still helpful to work with a lawyer from the start.

The filing fee for a Texas divorce is between $250 and $300. If you are unable to afford the filing fee, you may request an Affidavit of Inability of Pay. When completing the document, you will be required to disclose your financial information and the court will then decide whether you may be excused from paying the fee.

Additional Fees: Outside of the filing fee, additional costs include service and copy fees, plus the cost of a lawyer, mediator, or a custody evaluator.

Getting a divorce will cost even more if the case goes to trial and if you later choose to appeal the divorce ruling. In general, the more conflict involved and the longer it takes to resolve the divorce, the more it will cost.

There is no separation requirement in order to file for divorce in Texas. As long as you or your spouse have lived in the state for six months and one of you has been a resident of the county you're filing in for at least 90 days, you can file for divorce.

A Texas divorce can take anywhere from six months to a year or longer, depending on the complexity of the issues that need to be resolved (i.e., deciding on child custody or figuring out property division). In addition, as mentioned above, once the petition is filed, there is a 60-day waiting period before the divorce is finalized.

The idea that all property will be split 50-50 in a divorce is a misconception about community property laws. A judge can decide to deviate from 50-50 for many reasons. Even if your marital estate is split 50-50 by a judge, it is in your best interest to have an attorney on your side to ensure that the estate's assets and debts are properly valued to avoid an unequal distribution.

It is wonderful that you have a spirit of cooperation with your spouse as you approach your divorce. But even an uncontested divorce has potential pitfalls. We will make sure you understand all of your options and their ramifications so you can make an informed decision about how to proceed.

Once the Original Petition for Divorce is filed, there is a mandatory waiting period of 60 days. From there, how the process works is largely up to the participants and their willingness to work together. An uncontested divorce can be wrapped up relatively quickly, while a highly contentious divorce could last months or even years. We focus on achieving favorable outcomes for our clients and their children as quickly as possible so that they can move on with their lives. We are skilled at resolving divorces in several ways, including mediation and litigation.