Hays County Family Law Attorney
Compassionate & Experienced Legal Counsel for Central Texas Families
Family law matters can be some of the most emotionally challenging legal issues to resolve. Whether you are going through a divorce, seeking custody of your child, or need to modify a family court order, you need a skilled and compassionate attorney on your side. At The Law Offices of David C. Hardaway, we are dedicated to helping our clients navigate the complexities of the family court system. We understand that every family is unique, and we will work with you to develop a legal strategy that is tailored to your specific needs and goals.
Our firm handles a wide range of family law matters, including:
- Divorce: Our experienced attorneys can guide you through the divorce process, from dividing assets and debts to negotiating child custody arrangements.
- Child custody & modifications: We understand that nothing is more important than your relationship with your children. We will fight to protect your parental rights and help you reach a custody agreement that is in the best interests of your child.
- Child support & modifications: Our team can assist with establishing or modifying child support orders. We will ensure that all necessary factors are considered to reach a fair and accurate support amount.
What Is Family Law?
Family law is a legal practice area that focuses on issues involving family relationships, such as divorce, child custody, and more. Family law matters are typically handled in family court, which is a specialized court that deals with legal issues related to families and children.
Family law encompasses a wide range of legal issues, including:
- Marriage and domestic partnerships
- Divorce and legal separation
- Child custody and visitation
- Child support
- Spousal support (alimony)
- Child abuse and neglect
- Reproductive rights
- Termination of parental rights
- Grandparents' rights
How Long Does It Take to Get a Divorce in Hays County?
In Texas, there is a mandatory 60-day waiting period for all divorces. This means that, even if you and your spouse agree on all the terms of your divorce, you will have to wait at least 60 days from the date you file your divorce petition to the date your divorce is finalized.
However, it is important to note that the 60-day waiting period is the minimum amount of time it takes to get a divorce in Texas. In most cases, the process will take longer. The length of time it takes to get a divorce will depend on a variety of factors, including the complexity of the issues involved and whether or not the spouses can agree on the terms of the divorce.
If you and your spouse are able to agree on all the terms of your divorce, you may be able to get a divorce relatively quickly. However, if you and your spouse are unable to agree on the terms of your divorce, the process will take longer. In these cases, the court may need to schedule hearings to resolve the disputed issues, which can add months to the process.
What Is the Difference Between Legal Separation and Divorce?
Legal separation and divorce are two different legal processes. In a legal separation, the spouses remain legally married but live separately. In a divorce, the marriage is legally dissolved, and the spouses are free to remarry.
Legal separation is not recognized in Texas. This means that, if you want to live separately from your spouse, you will need to get a divorce. However, you can still enter into a separation agreement with your spouse that addresses the same issues as a divorce decree, such as child custody, child support, and property division.
What Is the Difference Between Community Property and Separate Property in Texas?
Texas is a community property state, which means that all property acquired during the marriage is considered community property and is subject to division in a divorce. This includes all income earned by either spouse during the marriage, as well as any property purchased with that income.
However, there are some exceptions to the community property rule. Property that was owned by one spouse before the marriage is considered separate property and is not subject to division in a divorce. Additionally, property that was acquired by one spouse during the marriage by gift or inheritance is also considered separate property and is not subject to division.
It is important to note that, in order for property to be considered separate property, it must be kept separate from community property. This means that, if you have separate property, you should not commingle it with community property. If you do, it may be considered community property and subject to division in a divorce.
What Is the Difference Between Joint Custody and Sole Custody in Texas?
In Texas, child custody is referred to as "conservatorship." There are two types of conservatorship in Texas: joint conservatorship and sole conservatorship.
In a joint conservatorship, both parents share the rights and responsibilities of raising the child, including:
- The right to make decisions about the child's education
- The right to make decisions about the child's medical care
- The right to make decisions about the child's religious upbringing
- The right to access the child's medical and educational records
Joint conservatorship does not necessarily mean that the child will spend equal time with each parent. The child may live primarily with one parent and have visitation with the other parent.
In a sole conservatorship, one parent has the exclusive right to make decisions about the child's upbringing. The other parent may still have visitation with the child, but does not have the right to make decisions about the child's upbringing.
It is important to note that, in Texas, the court presumes that it is in the best interest of the child for the parents to be appointed as joint conservators. However, the court may award sole conservatorship to one parent if it is determined that it is not in the best interest of the child for the parents to be appointed as joint conservators.
What Is the Difference Between Child Support and Alimony in Texas?
Child support and alimony are two different types of financial support in Texas. Child support is financial support that is paid by one parent to the other parent for the benefit of the child. Child support is intended to help the custodial parent cover the costs of raising the child, such as food, clothing, and shelter.
Alimony, also known as "spousal maintenance," is financial support that is paid by one spouse to the other spouse after a divorce. Alimony is intended to help the receiving spouse maintain the same standard of living that he or she enjoyed during the marriage. In order to be eligible for alimony in Texas, the receiving spouse must be able to show that he or she does not have enough property to meet his or her minimum reasonable needs and that one of the following conditions is met:
- The receiving spouse is unable to earn enough income to meet his or her minimum reasonable needs because of an incapacitating physical or mental disability
- The receiving spouse is the custodian of a child of the marriage who requires substantial care and personal supervision because of a physical or mental disability that prevents the receiving spouse from earning enough income to meet his or her minimum reasonable needs
- The marriage lasted for at least 10 years, and the receiving spouse lacks the ability to earn enough income to meet his or her minimum reasonable needs
It is important to note that, in Texas, there is a statutory cap on the amount of alimony that can be awarded. The court may not award more than $5,000 per month or 20% of the paying spouse's average monthly gross income, whichever is less.
What Is the Difference Between a Temporary Order and a Final Order in Texas?
In a family law case, the court may issue a temporary order to address the parties' rights and responsibilities while the case is pending. A temporary order is a court order that is in effect for a limited period of time, usually until the case is resolved.
A temporary order may address a wide range of issues, including child custody, child support, and spousal support. The purpose of a temporary order is to maintain the status quo and protect the best interests of the child while the case is pending.
Once the case is resolved, the court will issue a final order that addresses the parties' rights and responsibilities going forward. A final order is a court order that is in effect until it is modified or terminated by the court.
Skilled Hays County Family Law Attorneys Helping Families
Family law issues can be stressful and emotionally challenging for everyone involved, especially when children are involved. At The Law Offices of David C. Hardaway, our team is dedicated to helping families navigate the complexities of family law with compassion, understanding, and expertise.
Our experienced attorneys have a deep understanding of Texas family law and are committed to finding the best solutions for our clients and their families. We understand that every case is unique, which is why we take a personalized approach to each client's situation.
From negotiating child custody agreements to ensuring fair division of assets in property settlements, our team will fight for your rights and work tirelessly towards achieving a resolution that meets your needs.
“He was able to achieve the outcome I was hoping for and I couldn't be happier with my overall experience with his office. I highly recommend Mr. Hardaway and his team to anyone seeking excellent legal counsel.”- Robert R.
“He made us feel at ease with everything that was happening and let us know that whatever we decided to do he would be there to help us.”- Yoli R.
“Fingers crossed I never need representation again but I highly recommend Mr. Hardaway for anyone who does!”- Chad Y.
“I’m genuinely grateful for having them represent me and for everything they’ve done for me. They are truly great as lawyers and as people.”- Karen S.
“David will be a call away for any questions or concerns you may have and he will undoubtedly assure your safety.”- Josh M.
“Him and his staff/team were also very polite and sensitive to the subject pertaining to my situation.”- Robb M.
“I had a pretty complex case but he got me off, he can really make a difference for the better and make the rest of your life easier.”- Edward G.
Not Guilty Assault - Bodily Injury, Family Violence
Not Guilty Driving While Intoxiced, 2nd Charge: .19 blood alcohol level
Not Guilty Assault - Bodily Injury, Family Violence
Not Guilty Aggravated Assault with a Deadly Weapon (3 counts)
Not Guilty Driving While Intoxicated