Asked in Divorce, Family Law, Child Custody and Child Support for Texas

Q: My husband and I are filing for divorce with a minor do I need to file separately for child support and custody?

Do we have to settle child support and custody before divorce is finalize?

1 Lawyer Answer
Gary D. Peak
Gary D. Peak
  • Divorce Lawyer
  • Eastland, TX
  • Licensed in Texas

A: If you are filing for divorce and listing the child in the divorce, which of course you should, that puts custody and support in question.

If he files, you should file an answer to insure a default judgment isn't entered giving him everything.

If both of you use the same attorney and work out and agreement, everything can be worked out and agreed upon before you even file. One of you sign a waiver, both execute an agreed final decree, and approximately 60 days after filing, one of you go to court with the attorney and prove-up the divorce and the Judge signs the decree and you are done.

Of course if you can't agree you both should get your own attorney and listen to the advise of your attorney.

1 user found this answer helpful

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