1.
"Should I just do my own divorce?"
If you don’t have children or property, it
might be an option for you. But you can fall into
a lot of traps by using the do it yourself forms.
A divorce decree should cover lots of complex issues, including custody, visitation, child support,
property division, and more. A thorough and well-written
divorce decree can be 50 or more pages long.
2.
"Can I just have my marriage annulled and avoid
a divorce?"
Only if you can show one of the following: (1) the
marriage took place due to duress or coercion; (2)
one of the parties was under the lawful age to marry;
(3) at least one party to the marriage was intoxicated
at the time of the marriage and didn’t intend
to marry; (4) the parties did not wait the required
72 hours following the issuance of the marriage license;
(5) it is discovered, after the marriage, that the
man is impotent (note: infertility is insufficient);
(6) one party was tricked into marrying by commission
of a fraud.
3.
"How do I get legally separated?"
Texas does not recognize legal separation. Texas
only recognizes divorces. However, prior to divorce,
some couples choose to obtain separate residences
and execute a post-nuptial agreement to divide their
property.
4.
"How does one become 'common law' married in Texas?"
The law calls it “informal marriage.”
Here are the three requirements:
1. Both parties must have intended to be married.
2. You must have lived together as husband and wife.
3. You must have held yourself out to others as married.
5.
"How do you get divorced in Texas?"
You or your attorney must file an Original Petition
for Divorce. This document is similar to other documents
that initiate lawsuits, but instead of asking for
damages for an injury or a breach of contract, the
Original Petition for Divorce asks the court to dissolve
the marriage, divide your property and debts, and
make orders appropriate for the children.
6.
"Can I get a divorce if my spouse’s whereabouts
are unknown?"
It complicates things a bit, but it is still possible.
7.
"My spouse is violent. How can I protect myself?"
If you are ever threatened or physically abused call
911 immediately and explain exactly what happened.
Then talk to your attorney about getting a protective
order. If you need to a place to stay that is protected,
contact Safe
Place.
8.
"I just moved to Austin from out of state, can
I file for divorce in Texas?"
Either you or your spouse must have lived in Texas
for 6 months and in the county in which you're filing
for the preceding 90 days before you can file for
divorce.
9.
"Is there a waiting period in Texas?"
Yes. The court can not grant the divorce until at
least 60 days has passed from the date of the filing
of the divorce suit.
10.
"Is my divorce case likely to go to trial?"
No, most divorces settle - i.e. the spouses agree
to a division of property and custody (or “conservatorship”
as it is called in Texas).
11.
"How long does it take to get divorced?"
After you've filed for divorce, Texas requires a
60 day "cooling off period" before the final
divorce decree. If you and your spouse are in agreement,
the final decree can be filed on the 61st day. But
in practice, it takes two to nine months, roughly.
12.
"What are the grounds for divorce?"
Texas is a "no-fault" divorce state. You
can file for divorce simply because "the marriage
has become insupportable because of discord or conflict
of personalities between you that has destroyed the
legitimate ends of the marriage." Of course,
the standard options are also available - things like
adultery, cruelty, felony conviction, abandonment,
etc. But the "no-fault" option is better
because it's much harder to reach an agreed settlement
after you've called your spouse names in writing.
It also makes it much harder to work together as parents
going forward if you’ve had a combative divorce.
13.
"When is my divorce final?"
Your divorce is final on the day the Decree of Divorce
is signed by the Judge. You may not remarry for 30
days after your Decree is signed due to possible appeals.
14.
"What should I do if I get served with divorce
papers?"
Contact a lawyer immediately so that your Answer
can be filed. If you fail to file an Answer after
being properly served, your spouse can go to court
without you and get a divorce that divides property,
assigns parental rights, and orders child support,
all without your input.
15.
"Do you offer flat fee divorces?"
No. Regardless of how simple your situation may seem
to be, there are many things that can't be predicted
with a divorce proceeding. But we do try to estimate
about how much it will be and ask for a retainer in
that amount. If we can get your case completed for
less than the retainer amount, we'll refund whatever
is left over. If you do get a quote from an attorney
for a flat fee family matter or divorce, make sure
you get it in writing. You should also ask if filing
fees are included and if the attorney will accompany
you to prove up the final decree.
16.
"How much will a divorce cost?"
If you and your spouse are in agreement about the
division of property and there are no children, a
divorce can often be done for as little $1,200 to
$1,500. This includes filing fees and an attorney
to accompany you to court to prove up the final divorce
decree. However, the costs can vary widely. The more
you and your spouse fight it out, the more expensive
it will be. A hard fought divorce can easily cost
each party $20,000 in legal fees, not to mention investigators,
expert witnesses, etc.
17.
"How does the court decide who gets the kids in
a divorce?"
The standard that the court considers is “the
best interest of the child.” The court’s
decision on this can be influenced by a wide variety
of things.
18.
"What is conservatorship?"
Texas courts don’t use the term “custody.”
They say “conservatorship” instead.
There are two types of conservatorship in Texas -
Joint (both parents share “custody”) and
Sole (one parent has “custody”). There
is a presumption that it is in the child's best interests
that the parties be named Joint Managing Conservators.
19.
"What’s the normal outcome on custody of
the kids?"
Normally, the court will name both parties "joint
managing conservators.” This means that both
parties will have a relatively equal say in raising
the children. However, one parent will usually determine
where the child will live while the other will have
a normal visitation schedule and will pay child support.
If the parties can't agree on who will have custody
of the children, the court decides.
20.
"If I don’t get custody, how often will I
get to see my kids?"
The parents can agree to any schedule they like.
If they are unable to agree on a schedule, Texas has
a "Standard Possession Order" that provides
for the person who does not have the children to have
possession of the children on the 1st, 3rd and 5th
weekends of each month, plus Thursday evenings during
the school year and a month in the summer.
21.
"Can my ex who has custody of my kids just move
to another state any time?"
Generally speaking, yes, unless you ask for and receive
a court order restricting their residence to a certain
geographical area.
22.
"How much does a custody case cost?"
Be aware that custody fights are expensive. By hiring
experts, taking depositions, conducting extensive
discovery, and using lots of attorney time to prepare
for and have a trial, a heated custody fight will
cost between $5,000 to $35,000 dollars.
23.
"My ex and I were never married. Can I still get
child support?"
Yes. There is no marriage requirement. If your ex
is the biological parent of your child, and you have
custody, then you are entitled to child support.
24.
"How much child support will I receive / have to
pay?"
Usually 20% of net income (gross income minus taxes
with one exemption taken) for the first child, 25%
for the next child, 30% for the next child, etc. These
percentages only apply to the first $6,000 of the
non-custodial parent's net income. Child support above
the non-custodial parent's net income of $6,000 is
only awarded if the child has special needs, such
as a disability, that requires additional care and
support. Usually, the parent paying the child support
is also responsible for maintaining or reimbursing
the other party for health insurance for the children.
25.
"I have an order for child support, but my ex won’t
pay."
First contact the Child Support Division at the Texas
Attorney General’s Office. You may also
want to hire an attorney to pursue remedies in court,
such as asking the judge to hold your ex in contempt
of court and throw them in jail. That always gets
their attention. You can also have their driver's
license, and any professional licenses, suspended.
26.
"Since Texas is a community property state, will
everything will be split 50/50?"
Not necessarily. If you and your spouse aren't able
to agree upon a division, then the court will divide
the assets in a "just, right, fair and equitable"
manner. That may or may not end up being 50/50.
The Texas Constitution says that all assets acquired
during the marriage are presumed to be community property
unless they fall within an exception, such as an inheritance
or a gift. Assets owned before the marriage generally
remain separate property. Most judges in a divorce
suit will try to divide the assets and liabilities
roughly 50-50. However, a court will order an unequal
division of the community property in certain cases:
adultery, different levels of fault in the marital
break-up, unequal contributions to the estate, etc.
27.
"Can I get alimony?"
Texas doesn't have alimony. We do have a very limited
provision for “spousal maintenance,” but
it doesn't get awarded very often. In general, it's
considered in marriages that lasted longer than 10
years and where there is a disparity in income and
earning potential, in situations where there was domestic
violence, or where there is a disabled spouse.
28.
"How is paternity established for children born
outside a marriage?"
You file a suit to establish paternity. A probable
father should always request DNA testing to be done.
Only after the court issues an order finding you to
be the father of the child do you legally become the
father. Once paternity is established, the court will
determine the rights and privileges of the parents,
who will pay child support, how much support will
be paid, and the periods that each parent will have
possession of the child.
29.
"My baby was born outside of marriage. As the father
do I automatically have parental rights?"
No. First, the court must establish your paternity.
|
