Divorce does not have to mean war. There is a better, more civilized way. The dismantling of a family unit is often a painful process regardless of the legalities involved. Attorneys should advocate for their clients to obtain the best possible outcomes with civility while offering the utmost support to their clients. Reaching out of court settlements are not always possible, and therefore, court intervention may be necessary. The process of divorce should be handled with professionalism and integrity at all times.

 

All efforts are made by this firm to reach agreements in the best interest of our clients with zealous advocacy and efficiency both in and outside the courtroom. A good divorce attorney is skilled in both negotiation and court-room advocacy. We provide comprehensive and supportive representation, focusing on our clients’ objectives and goals while providing thorough explanation of options and potential outcomes.

 

Collaborative Divorce may be a better choice for some families given it is a less adversarial process. We are happy to explain this option further in person.

 

Divorce Q & A in Texas:

• How much is this going to cost?     We do our best to resolve matters quickly and efficiently to minimize the overall cost to our clients. Additional approaches and plans can help keep costs down. Clients can do things to reduce their fees as well. We bill by the hour and require a retainer (a lump sum payment) up front. We bill against that retainer and provide regular updates to clients so they can review what is spent, how and when. The more complex and/or contested the matter, the more hours that are spent and the higher the cost (e.g. custody, property, spousal maintenance, child support). If a matter needs to go to trial or a hearing, this can increase costs as well. The approach and plan for each case is made in advance with the client and we check in with our clients regularly to make sure our clients understand each step taken towards that plan. A more detailed cost estimate can be provided after our initial consult.

• How long will this take?     The length of a divorce suit largely depends on how contested the matter is. Once a petition is filed, it needs to be on file with the clerk for 60 days before a finalized decree can be filed. So it will take two months at a minimum. On average, we resolve our cases within six to nine months after the filing of the original petition. 

• What is the process generally?     The suit begins with the filing of the petition. The respondent can be formally served with a process server or the respondent can choose to waive service (often to save on cost and/or if it's amicable). A hearing can be set to address any emergency issues that need to be resolved. Settlement offers are exchanged between the parties shortly after the suit is filed. If the parties can settle, then a decree reflecting that settlement is drafted and the parties (and their attorneys, if represented) sign it. Then one party and his or her lawyer go to court to present the signed, final decree to the judge. Once the judge signs the decree, the divorce is finalized. Should the parties not reach an agreement, mediation is often used and/or ordered by the court. The parties can ultimately go to court for a final hearing on the matter and present evidence so that the judge can make orders to resolve the case.

• Does my spouse have to consent to the divorce?     No. Texas is a no fault state. Therefore only one party needs to claim there is a conflict in personalities in order for a divorce to be granted. Often if one party does not want the divorce, he or she can attempt to delay the process but cannot prevent the divorce from being finalized.

• What is the rule regarding alimony and who has to pay?     Alimony is called spousal maintenance in Texas. The statute was written and designed to help elevate the party who is at a significant disadvantage in earning capacity unless and until that party can achieve more financial independence. There are two kinds of maintenance, court ordered and contractual. Court ordered maintenance is rare but can be ordered especially in cases were the duration of the marriage is longer than ten years or in cases of domestic violence. The duration of the marriage affects the maximum term of support that the court can order. When appropriate, contractual maintenance is agreed to by the parties for a set time or duration while the divorce is pending and/or after the divorce is finalized. The maximum court ordered duration of spousal maintenance depends on the length of the marriage with a 10 year minimum unless there has been a criminal offense involving family violence. As of 2011, the maximum amount of maintenance was capped at $5000 per month. The amount cannot exceed 20% of the payor's gross monthly income. 

• How will our property be divided?     Texas is a community property state. This means that whatever property is accrued during the course of the marriage is owned jointly by both parties and should be divided in a "just and right" manner. Community property is often divided 50/50 between the parties at the time of the divorce; however, this may not be the case if there are significant differences in earning capacities or if there is one party clearly at fault for the divorce. There are exceptions to community property and they are often referred to as separate property. Gifts, property obtained prior to the marriage, as well as inherited items are considered separate property so they are not considered part of the community property that is divided 50/50, but rather the party who initially received it gets to keep it after the divorce.

• What is sole versus joint custody?     In Texas, custody is called conservatorship. And in most cases where both parents are involved in the child's life, joint conservatorship is awarded or agreed to by the parties. If the parties agree to the same amount of time with the child, a straight joint custody can be awarded or agreed to. If the child is to live primarily with one parent, that parent is appointed the primary conservator and the other parent is the possessory parent, AKA the parent with visitation rights. Standard possession in Texas often refers to a typical schedule where the possessory parent has the child the 1st, 3rd & 5th weekends of the month or the 2nd & 4th weekends of the month. Extended standard possession is where the possessory parent also has the child Thursday evenings.

• Who pays child support and how much?     Typically, the possessory conservator-parent pays the primary conservator-parent child support. This is because, as a practical matter, the child is with the primary conservator parent more of the time so that parent bares more of the practical/day-to-day costs of supporting the child. Typically, payments are made monthly and the amount of child support for one child is roughly 20% of the obligor's monthly net resources.  (See Child Law)