1. How do I start divorce proceedings?
ANSWER: A divorce is a lawsuit filed in both district and county courts. As such, a Petition for Divorce must be filed with the district clerk for the county in which the parties reside.
2. What determines whether or not I can file a divorce case in the county where I currently reside?
ANSWER: One or both of the parties to a divorce action must have been living in the State of Texas for six months and in the county of filingfor 90 days immediately preceding the filing of the divorce.
3. I am worried my spouse will hide assets or money once they are served with divorce papers. Is there anything I can do?
ANSWER: When a Petition for Divorce is filed, a party has an option to request a Temporary Restraining Order from the court. The purpose of the Temporary Restraining Order is to maintain the status quo until such time as an agreement for Temporary Orders can be reached or until the court can hear evidence and make a ruling on Temporary Orders. Once the Temporary Restraining Order is signed, the hearing for Temporary Orders must be set within two weeks or the restraining order will expire.
4. How long does it take to get divorced?
ANSWER: Since the facts of each case are different, it is impossible to determine exactly how long it will take to get a divorce. The Texas Family Code requires a 60-day waiting period from the date the petition is filed before the divorce can be finalized, so it will take at least that long.
5. How much will my divorce cost?
ANSWER: Since each case is different, we cannot know in advance what the cost of your divorce will be. The facts of each case, including but not limited to, discovery (interrogatories, request for production, depositions, etc.), the number of necessary hearings (temporary orders, discovery, final, etc.), the willingness of the parties to cooperate, and the possibility of settling the case, all play a role in the amount of time necessary to finalize a divorce. Time is billed on an hourly basis, and the rates and method of billing will be clearly explained in your fee agreement.
6. How do I change my divorce decree if my circumstances have changed?
ANSWER: You can file a Petition to Modify Prior Orders of the Court when your circumstances have changed and, if applicable, when it is in the best interest of your child. We can discuss the circumstances which constitute a substantial change necessary and also the issue of what is in the child’s best interest at our initial consultation.
7. How do I get an appointment for an initial consultation?
ANSWER: Simply call my office at the number on the website to schedule an appointment with my legal assistant. We can then meet to discuss your case.