Video Answers from Austin Divorce Lawyer Joe Newberry
These short videos feature Austin family law attorney Joe Newberry answering some of the most common questions he receives from individuals and families facing divorce, custody disputes, or other family law challenges in Texas.
Each video provides clear, practical insights to help you better understand your rights, your options, and what to expect during the legal process.
If you don’t see your question here — or if you need personalized legal advice — please contact us through the form on this site or call 512-320-8200. We’re here to help.
General Family Law Questions
How Long Does It Take To Get Divorced In Texas?
Most Texas divorces take at least 60 days because of the state’s mandatory waiting period, but contested cases or those involving children or property can take several months or longer.
Watch Joe’s video below to learn what factors can speed up or delay your divorce.
Will My Divorce Case Go To Trial?
Many cases settle through negotiation or mediation, but if both sides cannot agree on major issues such as custody or property division, a judge will make the final decision at trial.
Joe explains this below.
Can I Stop A Divorce Proceeding Against Me?
In Texas, only the spouse who filed the petition can choose to dismiss the case. If your spouse no longer wants to continue, they can file a motion to withdraw or dismiss.
I’ve Been Served Divorce Papers, Now What?
You typically have 20 days plus the following Monday to file an answer. Responding is crucial to protect your rights and avoid default judgment.
Do I Have To Turn Over Information In Discovery?
Yes. Discovery is a normal part of divorce and custody cases in Texas and requires both sides to share financial and other relevant documents.
I’m Not Married But Need A Court Order.
Unmarried parents can still obtain legal orders for custody, visitation, and child support through a Suit Affecting the Parent-Child Relationship (SAPCR).
Can I Transfer An Out Of State Order To Texas?
Yes. You can domesticate an out-of-state custody or support order so it can be enforced and modified by a Texas court.
What Does A Prenuptial Agreement Do?
A prenuptial agreement helps couples decide in advance how property and debt will be divided if they ever divorce, reducing conflict later on.
Family Law Questions Concerning Children
How Is Child Support Calculated?
Child support is based on the paying parent’s net income and the number of children. Texas law sets percentage guidelines, but courts can adjust based on specific needs.
Can I Get A 50/50 Possession Schedule In Court?
Yes. Texas courts increasingly favor shared parenting schedules when both parents are involved and it’s in the child’s best interest.
Can I Get My Child’s Other Parent Supervised?
A judge may order supervised visitation if there are safety concerns such as substance abuse or domestic violence.
My Ex Isn’t Paying Child Support. What Can I Do?
You can file an enforcement action through the court or request help from the Texas Attorney General’s Child Support Division.
Can a Father be Awarded Primary Parent in Texas?
Yes. Texas law does not favor one parent over the other based on gender — custody decisions are based solely on the child’s best interest.
I’m A Grandparent, Can I Get Custody Of My Grandchild?
In certain cases, such as when a child’s parents are unfit or absent, Texas law allows grandparents to seek custody or visitation rights.
Get Trusted Answers from a Family Law Attorney in Austin, TX
If you’re facing a divorce, child custody dispute, or other family law matter, contact Joe Newberry at Newberry Law, PLLC.
Joe has over 20 years of experience helping families in Austin, Travis County, and Central Texas navigate complex legal challenges with clarity and compassion.
Call 512-320-8200 today to get answers tailored to your unique situation.
