|
Frequently
Asked Questions
I've been
served with
Divorce papers,
what now? You
need to hire an
attorney
quickly. There
are certain time
sensitive issues
that must be
taken care of,
and your
attorney will
need to file an
answer with the
court so that
you do not have
the possibility
of having a
default judgment
against you.
Common Law
Marriage?
Texas recognizes
a common law
marriage if
three criteria
are met:
1. you and
your spouse
agreed to be
married
2. you and
your spouse
lived together
as husband and wife
3. you and
your spouse
represented to
others that
you were married
How much
does a divorce
cost?
It
all depends on
you and your
spouse.
The more you
agree, the
cheaper it is.
It will depend
on how much
discovery has to
be done, whether
you go to
mediation or a
trial.
Mediation costs
money, and a
trial can cost a
lot of money.
We accept
credit cards
as well.
How long
will the divorce
process take? After you file
your "Original
Petition for
Divorce," Texas
law requires
that you wait 60
days before the
Divorce can be
finalized.
However, it can
take much longer
depending on the
complexity of
the case and
whether you and
your spouse are
able to agree on
things or not.
What about
Alimony?
Texas does
provide a way
for spousal
support
to be awarded after the
divorce is
finalized, but
it is difficult
and there are
several factors
that must be
met.
Temporary
spousal support
(support during
the process of
divorce) is more
common.
How do
they determine
child support? the court
looks at the
non-custodial
parent's net
resources and
looks at how
many children
you have to
determine
support.
The Divorce
Process
Filing of
Divorce Papers
- one party
files what is
called an
"Original
Petition for
Divorce" and has
it served on the
other spouse. If you are
served with
divorce papers
it is crucial that
you meet with an
attorney as soon
as possible,
there are
certain time
sensitive
deadlines that
must be met.
Temporary
Orders -
issued by the
court to
determine what
is going to
happen while the
divorce is
pending.
Temporary Orders
are usually
concerned with
finances,
children, and who
gets to use what
property.
A party may ask
for a
restraining or
protective order
as well if
needed.
Mediation
- a process
where both
parties meet
with a 3rd party
to try to settle
the case before
going to court.
Mediation is
required, but an
agreement does
not have to be
reached.
Discovery
- a way for a
party to gather
information and
documents from
the other party
Trial
- if the case
cannot be
settled, then a
judge will
decide the
contested issues |
Divorce.
Modifications.
