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How long does a divorce take?

A divorce takes a minimum of 61 days. Texas law requires that the couple wait 60 days before the court can grant a divorce. This is known as the cooling off period. It is the policy of the state of Texas that parties are to remain married. The 60-day period provides them with an opportunity… Read More »

Does a spouse have to prove fault on the part of the other spouse to obtain a divorce?

No. Texas is a no-fault divorce state. We simply plead “conflict of personalities that destroys the legitimate ends of the marital relationship.” No spouse has to give the other spouse a divorce anymore. There is some discussion in the legislature about doing away with the no-fault divorce.

How is property divided in Texas?

All property is community property unless proven to be separate property by clear and convincing evidence. The division is that which is just and right in accordance with the court’s ruling. Generally, you are looking at one-half of the property going to each spouse, absent some circumstance that indicates otherwise. For example, a number of… Read More »

Can I get alimony?

Texas disapproves of alimony, but it is possible to get alimony if you qualify. There are a number of factors involved and it is only awarded for a limited amount of time.

What does a divorce cost?

Rule 1.04 of the Texas Rules of Lawyer Discipline outlines the factors involved with attorney’s fees. Fees are based upon the time and labor expended, the complexities of the issues involved, the degree of difficulty of the matter, the results achieved, the county of venue for the divorce and any extraordinary time or demands placed… Read More »

Can the court make my spouse a better person?

Not a chance. Frankly, the question seems silly at first glance. However, our clients often insinuate the question in a roundabout manner. They ask questions or take actions that indicate that they want the court to make their spouse a better person. The only thing a court can do is enforce its orders. The court… Read More »

Can I do the divorce myself?

Yes. Quite frankly, however, it is bad advice. In the first instance, divorce decrees and closing documents are complex documents. Unless you are familiar and have worked extensively with them, a nonprofessional’s chances of successfully drafting such documents are low. We have had a number of clients who started out doing their own divorce in… Read More »

Why do lawyers require retainer fees?

The short answer is to make sure they get paid. Rhetorically, why do doctors have a nurse at the door? Why do mechanics require payment before giving you the keys to your car? Why do contractors, painters and plumbers place materialmen’s liens on your property for the work that they do? They do this to… Read More »

At what age can a child decide with whom they want to live?

At age 12, a child has the right to express a preference to the court regarding with whom they wish to live. It is mandatory for the court to interview the child if they are 12 years of age or older. The court may interview a child younger than 12 but is not required to… Read More »

What is common law marriage?

A common law marriage, in Texas, is formed by one of two methods: If the parties have signed a Declaration of Marriage pursuant to Section 2.402 of the Texas Family Code, the parties are married. Pursuant to § 2.401(a)(2) of the Texas Family Code, a man and woman are married if they agreed to be… Read More »