Frequently Asked Questions

Texas is a community property state, meaning most assets and debts acquired during the marriage belong to both spouses. However, the division is not automatically 50/50. A judge will divide the property in a “just and right” manner, which can be influenced by factors like fault in the breakup of the marriage, disparity in earning power, and the needs of the children.

Spousal support, or alimony, is a court-ordered payment from one spouse to the other after a divorce. In Texas, it is not awarded in every case. A judge may award it if the marriage lasted 10 years or more and the requesting spouse cannot earn sufficient income, or in cases involving family violence.

Texas has a mandatory 60-day waiting period after a divorce petition is filed. An uncontested divorce can be finalized shortly after this period. A contested divorce can take several months to over a year to resolve, depending on the complexity and level of conflict.

Yes, it is highly recommended. Even if you and your spouse agree on everything, an attorney ensures that your rights are protected and that the final divorce decree is drafted correctly and filed properly. Mistakes in the paperwork can lead to significant legal and financial problems in the future.

The court’s only consideration is the “best interest of the child.” A judge will evaluate many factors, including the child’s emotional and physical needs, the stability of each parent’s home, each parent’s ability to care for the child, and any history of conflict or abuse.

No. The law in Texas is explicitly gender-neutral. Fathers have the same legal rights as mothers, and the court cannot use gender as a factor in its decision. The outcome is based entirely on what is best for the child.

The Standard Possession Order is a default parenting time (visitation) schedule that is presumed to be in the child’s best interest. It outlines a detailed schedule for weekends, holidays, and summer vacation for the non-primary parent.

To modify an order, you must file a formal petition with the court and prove that there has been a “material and substantial change” in the circumstances of either the parents or the child since the last order was signed.

You should contact an attorney immediately to file an enforcement action. A judge can force the other parent to pay what is owed and can impose penalties, including fines and even jail time.

Yes. If you or the other parent has experienced a significant change in income (either an increase or a decrease), you can petition the court to modify the child support order to reflect the new financial reality.

Typically, child support continues until the child turns 18 or graduates from high school, whichever occurs later. Support can be extended indefinitely if the child has a qualifying disability.

No, and you should not sign any document from CPS without first consulting with an attorney. These plans often require you to give up significant legal rights, and they can be used against you in court.

Only in very rare, emergencies where they believe a child is in immediate, imminent danger. In nearly all other cases, they must obtain a court order to legally remove a child from your home.

The best way to fight false allegations is to hire an experienced CPS defense attorney immediately. Your attorney will challenge the evidence, present your side of the story, and hold CPS accountable to the high legal standard required to interfere with your family.

In Texas, the statute of limitations for most personal injury claims is two years from the date of the injury. If you do not file a lawsuit within this timeframe, you will likely lose your right to recover any compensation.

Key evidence includes the police report, photos and videos of the accident scene and your injuries, contact information for any witnesses, all of your medical records and bills, and documentation of any lost wages.

It is not recommended. The other party’s insurance adjuster is trained to get you to say things that can hurt your claim. It is always best to let your attorney handle all communication with insurance companies.

You can recover “economic” damages, such as medical bills and lost wages, and “non-economic” damages, such as compensation for pain and suffering, emotional distress, and physical impairment.

Most personal injury lawyers, including Hirani Law Firm, work on a contingency fee basis. This means we only get paid if we win your case, either through a settlement or a court verdict. Our fee is a percentage of the total recovery, so you pay nothing up front.

The vast majority of personal injury cases are resolved through a settlement with the insurance company. However, if the insurance company refuses to make a fair offer, we are always prepared to take your case to trial to fight for the compensation you deserve.

The timeline varies. A straightforward case that settles can be resolved in a matter of months. A more complex case that requires a lawsuit and goes to trial can take a year or more.

If you have Uninsured/Underinsured Motorist (UM/UIM) coverage on your own auto insurance policy, you can file a claim with your own insurance company to cover your damages.

Yes. Property owners have a legal duty to keep their premises reasonably safe. If you were injured due to an unsafe condition that the owner knew or should have known about, you may have a valid premises liability claim.

A wrongful death claim can be filed when a person’s death is caused by the negligence or wrongful act of another. In Texas, these claims can typically be filed by the deceased’s surviving spouse, children, and parents.

The timeline varies. A straightforward case that settles can be resolved in a matter of months. A more complex case that requires a lawsuit and goes to trial can take a year or more.