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DIVORCE

DIVORCE

Divorce

What is a contested Divorce?

A contested Divorce is when the parties are not in agreement regarding one, some, or all aspects of the divorce matter that have to do with assets, child(ren) related issues, and/or family violence issues. In this situation, it is best to hire an attorney to represent your interest so that you can be informed of your legal rights and duties as a conservator and give you an assessment regarding assets and liabilities division.

What is an uncontested Divorce?

An uncontested Divorce is when both parties are in agreement regarding all aspects of the divorce issues such as child custody (possession/access, child support, and medical support), assets division, and liabilities division. In other words, this is an Agreed Divorce.

It is when a conservator of the child or children wants to modify an existing Child Custody Order in place. When a conservator or parent of a child would like to modify child support or possession and access, they may file a Petition to Modify Parent Child Relationship with the Court to request for such modification.

Keep in mind that for any modification of child custody issues, there must be material and substantial change since last order was in place and the modification has to be in the best interest of the child. If you are not sure what all of that entails then it is best to hire an attorney or seek free consultation from an attorney to explain these terms and factors to you so you may make an informed decision. There are other elements or factors such as when one parents voluntarily relinquished possession and access to another parent or person or when the child reached the age of 12+ and express to the Court that he/she wants a particular parent to be the Managing Conservator.

Additionally, a parent or conservator may modify child support if there is material and substantial change in the obligor’s income or 3 years has elapsed and you would like the Court to do a child support review. If you would like to know the specific numbers or percentage of child support deviation in order for you to file for modification of child support, please schedule for a free consultation with an attorney so that we can give you a more one-on-one analysis that is catered to your specific situation regarding this matter.

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Family Law Q&A

How long must I live in Texas before I can file for divorce?

Generally, you must be domiciled in Texas for six months before the suit is filed and be a resident of the county for the past 90 days.

How will I support myself after a divorce when my spouse was the primary income earner?

Depending on your circumstances and qualification, you may qualify for spousal maintenance. Please consult with an attorney for further details, as no one case is alike.

How do I fight for sole custody of my children?

You must file a SAPCR (Suit Affecting Parent Child Relationship) with your County District Clerk. In the SAPCR, you may request for sole managing conservatorship and state specific reasons for your request. Once properly drafted, you may file the SAPCR with the Court and set the case up for a hearing to prove-up your case. This process is complicated and technical. Please consult with attorney to understand your options prior to taking any action.

What should be included in a prenuptial agreement?

Every prenuptial agreement is custom-made to cater to each individual’s needs. There is no specific or general guideline. However, the purpose of the prenuptial agreement majority of the time is to define what will be separate property, community property, or spousal support.

What is a divorce going to cost me? Can I afford it?
Unfortunately, there are no set numbers on how much your divorce will ultimately cost. You do have several options in lieu of trial that will cut costs such as mediation and settlement discussions.
What forms do I need to file for a divorce in Texas?
You will need the Petition for Dissolution, Case Information Sheet, Summons and any fee waiver document in order to file for divorce. You will then be required to have your spouse personally served with these documents.
What do I need to do to enforce a child support order?

You must consult with an attorney for more details as each case may have different remedies and qualifications. However, you may file for mandatory income w/holding, liens, money judgment, freezing of certain assets, license suspension, or file for contempt.

Is Same-Sex Marriage Legal in Texas?

On June 26, 2015, the Supreme Court legalized Same-Sex Marriage nationwide.

Can I file for a divorce on my own?

Yes. Anyone can file for their own divorce. However, it is recommended that you retain an attorney if it is a contested case or if your spouse has retained an attorney.

If my spouse cheated on me, can I take all of the community property?

It is highly unlikely. In Texas, the court divides property in the manner that the court deems "just and right." It is very rare for one spouse to be granted all of the community property.

Can I still get a Divorce if my spouse does not want a divorce?

Yes. In Texas, you don't have to prove fault to get a divorce.

What are the grounds for divorce?

Texas grants divorces based on adultery, cruelty, felony conviction, abandonment, living apart, confinement in mental hospital, or insupportability.

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***THE INFORMATION POSTED IN THIS WEBSITE SHOULD NOT BE TAKEN AS LEGAL ADVICE FOR ANY INDIVIDUAL CASE OR SITUATION and IS ONLY FOR GENERAL INFORMATION PURPOSES ONLY. ANY VIEWING OR USE OF THIS INFORMATION FROM THE WEBSITE DOES NOT CONSTITUTE ATTORNEY-CLIENT RELATIONSHIP***