We will guide you through the family law process, keep you informed of all legal developments, advise you of possible outcomes, and then move forward according to what you, our client, decide to do.
- Prenuptial and Postnuptial Agreements
- Division of Marital Assets and Debt
- Child Custody
- Child Support
- Temporary Restraining Orders
- Protective Orders
- Contempt Cases
- Transfer to Another County
- Child Protective Services Suits
10 Quick FAQs About Family Law:
1. How do I file for divorce?
First thing you have to do is figure out if you want to do it alone, or hire a lawyer. If you want to go it alone, there are forms online and at the courthouse that you can fill out and file on your own. You can do this if you do not have a complicated divorce and little to no assets. The fee to file is between $200 and $400 with service.
2. Is Texas a state that has alimony?
No, Texas does not have alimony. It does offer spousal maintenance if the circumstances allow for it. Spousal maintenance cannot be more than $5000 or 20% of the monthly gross income of the paying spouse.
3. Can I get sole or full custody of my kids?
It is possible. Texas is pretty fair in allowing for both parents to argue for and receive full custody. It is not exclusive to just the mother as many assume. A court will listen to testimony and review any evidence presented in making its final decision. The facts and circumstances will be considered fully for each child and for each parent.
4. How much does it cost to get a divorce?
This is a very broad ranging question as there are just too many factors to consider and that may pop up once suit is filed. Each case is different and each case will have it’s own costs. The broad range can go from $500 for the most simple to over $50,000 for some complicated and over $100,000 for very complicated ‘celebrity type’ or asset rich divorces.
5. How long does it take to get a divorce?
That also varies depending on the complexity of the case. It can range from 60 days from filing to when the divorce is final; all the way into years while fighting over numerous issues.
6. What is an annulment?
An annulment is a process to end the marriage when the marriage was entered into under duress or some other voidable circumstance. It needs to be done quickly after the marriage in most conditions. This varies in time given the reasons for the annulment. Some conditions of one of the spouses can lead to a request for an annulment which may not be discovered for some time. This is a decision you need to reach with a qualified attorney.
7. How many times do I have to go to court?
Going back and forth to court is never pleasant for anyone, however it is necessary. The number of times that you may have to go to court are determined by your case and the requests being made in it. You could only have to go a couple of times or you could be in court more often depending on the issues needing to be decided.
8. What does it mean to issue service and citation to my spouse?
When a lawsuit is filed, it is always against another party. That party doesn’t know when you file something against him or her, so the law requires you to give them notice. You give them that notice by serving them with a citation that tells them what kind of suit you filed, and what court it’s in, as well as any upcoming court dates.
9. What if I am not ready for divorce but need a break from my spouse, can I do that?
No you can’t. In Texas, you can live apart if you like, or you can get a divorce, but it doesn’t recognize a legal- in- writing separation. What you can do is file a Suit Affecting the Parent Child Relationship which is not a divorce, but asks for other temporary orders to be put in place for the children’s well being and care.
10. Can I keep my spouse from seeing the kids if they don’t pay child support?
No. Child support does not buy time with a child. Child support is for the financial needs and care of the child only. It is not leverage to pawn the child based on what monies are or are not received. This is an all too common misunderstanding. Let each parent be a parent as much as they are willing to, and deal with the money issue in the courtroom.
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