- How long must I wait before a divorce can be final?
- Will the assets be spit "50-50" in a divorce?
- Can I have a jury hear my divorce case?
- What are my chances of gaining custody of my children?
- Will joint custody guarantee each parent having equal time with the children?
- Will I have to pay child support?
- Should I consider a prenuptial agreement before entering into a marriage?
- I have decided that I want a divorce. What do I do now?
- Will I be required to mediate my divorce case?
- Can one attorney represent both parties in a divorce?
How long must I wait before a divorce can be final?
In Texas, you to wait 60 days from the date of filing before a divorce may be granted. This is a "cooling off" period. Even if the divorce is uncontested, you must wait 60 days.
Will the assets be spit "50-50" in a divorce?
Not necessarily. Even though Texas is a community property state, the judge may divide the property in a manner that he or she deems "just and right."
Can I have a jury hear my divorce case?
In Texas, either party in a divorce case can ask for a jury trial. However, jury will only hear a case where there a dispute as to a material fact.
What are my chances of gaining custody of my children?
In Texas, joint custody is preferred. The Court is more likely to award joint custody if both parents were involved with the children during the marriage. Your chances for gaining custody will vary based on the facts your case.
Will joint custody guarantee each parent having equal time with the children?
Not always. In a joint custody situation, the parents share in the rights and duties, not equal time with the children.
Will I have to pay child support?
Both parents have a duty to support their children. In most cases, however, the spouse who does not have primary custody of the children will pay child support to the managing conservator.
How can I stop a divorce if my spouse wants it and I don't?
Unless you convince your spouse to drop the divorce proceeding, you cannot remove it from the court system.
Should I consider a prenuptial agreement before entering into a marriage?
"Pre-nups" are a simple tool to avoid the struggle over assets when a marriage ends. Pre-nups can be used to deal with all types of assets, such as real estate and family owned businesses. Prenuptial agreements are not just for the wealthy.
I have decided that I want a divorce. What do I do now?
Contact a divorce attorney that you can trust. Divorce can be a traumatic and stressful time. Once you are sure that you want a divorce. Your attorney will file a divorce petition. The petition will list factual information about the parties as well as the grounds for divorce. Because Texas is a no-fault state, the reason for the divorce usually is incompatibility. In other words, the marriage has simply broken down.
Will I be required to mediate my divorce case?
Yes, in most cases. It is the policy of the State of Texas to encourage the peaceful resolution of disputes. This is especially true when children are involved. Most courts will not allow a case to proceed to trial without the parties attempting to reach a compromise through mediation.
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.
