- How long do I have to live here before I can
file for divorce?
- How long will it take for the divorce to be
final?
- In a Texas divorce, is everything divided
50-50?
- How will we divide our retirement accounts?
- Will my case be heard by a judge or by a jury?
- Does joint custody mean equal time with the
children?
-
If we have equal time with the child, will I still have to
pay child support?
-
If my spouse wants a divorce and I don't, how can I stop it?
-
Can one attorney represent both parties in a divorce?
- Will we have to go through mediation?
- Do judges favor the female in custody disputes?
- Will there be a residence restriction on where
the child lives after divorce?
- Can my child choose which parent to live with?
- Can the child be called to testify in court?
- Can I stop paying child support if I am denied
visitation?
- Can I deny visitation if my ex is behind in
child support?
- Must I still pay child support during my summer
possession of the child?
- Do you charge for the initial consultation?
- Do you take credit card payments?
- How soon after the divorce can I ask for a
modification?
How long do I have to live here before I can
file for divorce?
To file for divorce in Texas, one of the spouses must
live in this State for 6 months and must live in the county where you are
filing for at least 90 days.
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How long will it take for the divorce to be
final?
In Texas, you must wait 60 days from
the time you file until your divorce is final, even if the divorce is
uncontested. This serves either as a cooling off period and gives the
parties time to reconsider reconciliation. It will often take longer
to process the divorce when there is a need to gather important documents,
to negotiate a settlement, or to prepare for a contested trial.
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In a Texas divorce, is everything divided
50-50?
Not necessarily. Property in a divorce is divided in a manner that the judge
deems "just and right" and he or she may look at projected future earnings of
the parties, who's at fault for the divorce and other criteria in making a
disproportionate division. For more information, visit our page on
Marital Property Issues.
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How will we divide our retirement accounts?
In some circumstances, the parties will each keep their
own retirement accounts and the difference in value will be made up in the
division of other assets. If a retirement account must be divided, we
will normally prepare an additional order called a Qualified Domestic
Relations Order (QDRO) which directs the retirement plan administrator to
split the retirement assets into two accounts, making it possible for the
non-participating spouse to cash in his or her portion if desired.
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Will my case be heard by a judge or by a jury?
Either party in a Texas divorce can ask for and receive a jury trial, a
unique feature of Texas law. But as a practical matter, judges hear most
divorce-related matters and jury decisions that are binding on the court are
limited. Juries are more commonly requested in contested child custody cases.
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Does joint custody mean equal time with the
children?
Not usually. Joint custody means the sharing of parental rights and duties and
not necessarily equal time. The parties are encouraged to create a
parenting plan that works well with everyone's schedule. When the
parties do not offer a plan, the Courts usually follow the
Texas Standard Possession Order.
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If we have equal time with the child, will I still have to
pay child support?
Probably. Although the judge has
the authority to enter any child support order he or she believes is
appropriate, the parent who is granted the primary right to determine the
child's residence will usually receive child support based
on child support guidelines in the Texas Family Code,
regardless of the possession schedule.
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If my spouse wants a divorce and I don't, how can I stop it?
Once a divorce is filed in Texas and one party wants to go through with it,
you can't stop it from happening in the court system. Your only hope is to
convince your spouse to consider reconciliation. In Texas, either spouse
can request the Court to order one counseling session so the parties can
determine if they should consider reconciling. If the parties are
willing to try counseling, it may be possible to postpone action on the
divorce for a reasonable period of time.
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Can one attorney represent both parties in a divorce?
No. An attorney can draft the documents in a divorce for both parties to
sign, but he or she can't legally advise more than one of the parties how to
proceed in the divorce. In uncontested divorces, we will prepare the
documents and give the opposing party an opportunity to review them.
Oftentimes, he or she may elect to schedule a consultation with a separate
attorney merely to review the documents without retaining the lawyer for
court.
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Will we have to go through mediation?
Yes, if your case cannot be settled
otherwise. n most cases. most Texas courts have begun to require mediation before a family
law case can be scheduled for contested trial. In cases where the parties
have remained amicable, we may try to do a four-party settlement conference
with the clients and attorneys negotiating directly.
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Do judges favor the female in custody disputes?
By law, Courts shall consider the qualifications of a spouse or party
without regard to their marital status or to the sex of the party or the
child in determining whether to appoint either parent or party as the a sole
managing conservator or appoint the parties joint managing conservators.
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Will there be a residence restriction on where
the child lives after divorce?
It is the public policy of Texas to
assure that children will have frequent and continuing contact with parents
and to encourage parents to share in the rights and duties of raising their
children a divorce. A residence restriction is not automatic, but most
judges in Texas will grant a residence restriction if one of the parents
requests one. Oftentimes the residence restriction can automatically
be dissolved if the noncustodial parent moves away or if both parents agree
to dissolve it. When the issue is contested, the Court may remove the
residence restriction if the custodial parent shows a good reason for moving
away from the non-custodial parent.
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Can my child choose which parent to live with?
No. A child does
not decide if he or she is going to go to school or to the doctor, and a
child does not decide where he or she will live. At age twelve (12) a child may
meet with the judge in chambers, and let the judge know his or her desires.
However, the judge is not required to follow the wishes of the child, and
will consider all of the evidence relating to what is in the child's best interest.
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Can the child be called to testify in court?
A child can be called
to testify, but I do not recommend it. In a nonjury trial, the Court may interview the child in chambers to
determine the child's wishes if the child is 12 years of age or older.
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Can I stop paying child support if I am denied
visitation?
No. The payment of child support is not an exchange
for you having visitation. The proper procedure would be for you to
file a motion or contempt to enforce your
visitation rights.
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Can I deny visitation if my ex is behind in
child support?
No. A conservator's right to exercise
possession of the child is not conditioned on whether
he/she pays child support as ordered. The proper procedure would be for you
to file a motion for contempt to enforce
your child support order.
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Must I still pay child support during my summer
possession of the child?
Yes. Unless your divorce decree or court order specifically says otherwise,
you would continue to pay child support during that period.
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Do you charge for the initial consultation?
Yes, as do most attorneys who are certified as
specialists by the Texas Board of Specialization. By charging a
consultation fee, the attorney will reduce the likelihood of a party seeking
consultation from numerous attorneys, thus precluding those attorneys from
representing the other party. The initial consultation generally lasts
from one to two hours. During the initial consultation, it is
important for the attorney to gather sufficient information to provide
advice that is appropriate for the client's unique situation. Normally
we are able to gather the information needed to file the case quickly and to
give the client a realistic estimate of the time and cost involved. The
client ultimately saves money by getting more complete legal advice and by
avoiding complications that could result later from the attorney not being
fully informed.
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Do you take credit card payments?
Yes, we accept Visa, MasterCard, and American Express.
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How soon after the divorce can I ask for a
modification?
When there is a material change of circumstances.
If attempting to modify custody within one year of the prior order, it is
necessary to prove that the child's environment poses a danger to the
child's physical health or emotional development. If attempting to
modify child support, it is most often done when the new child support
amount would differ from the existing order by more than $100 per month.
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