Frequently Asked Questions
Do I need an attorney?
No, you don't. However, you will be held to the same accountability as if you were an attorney. Mistakes can be made because you don't know what the rule or legal components of the case are. In addition, you also have to remember that you are emotionally invested in the case and that can sometimes cause you to not represent your case to its full potential. If you do chose to represent yourself, www.texaslawhelp.org may provide some of the information and forms your may need. You may also want to go to the Houston Law Library to research other aspects of handling your case.
How long do I have to live in Texas to file for divorce or child support?
In order to file for divorce in Texas, one spouse is required to live in Texas for 6 months and within the county you file in for at least 90 days. Other residency requirements will apply if there is any property or children involved.
After a divorce is filed, how long will it take until I'm divorced?
In Texas, there is a mandatory 60 day waiting period to finalize a divorce from the time the divorce is filed with the clerk. However, the 60 day waiting period may be waived if domestic violence is involved.
Contested cases usually take between 6 months to 1 year to complete depending on the contested issues. Highly contested cases may take longer than a year.
Is there a waiting period for Child Support cases?
No, however a child support case may take between 6 months - 1 year or longer.
What are the legal steps to getting a divorce, child support modification or requesting child support?
The standard divorce usually involves the following:
1. The Divorce Petition is filed and the other party is served. If the case is uncontested, service can be waived to reduce the costs.
2. A temporary restraining order may be requested when the case is filed. The temporary restraining order will order the spouses to not spend or hide any marital assets in a divorce and will order the parties to not harass or threaten one another. If the temporary restraining order is requested the Court will set a hearing within 14 days.
3. If a temporary restraining order is not requested, the other party has until the Monday after 20 days expire from the date they are served to file an answer.
4. Temporary Orders may be requested and if so, the Court may order child support, child possession, custody, use of property (in a divorce), and payment of debts (in a divorce) during the pendency of the case. Courts may require mediation prior to deciding temporary orders especially when children are involved.
5. In order to make settlement decisions, either side may request discovery of information. Discovery can be a request to produce documents, interrogatories which ask the other side written questions, disclosures which are required by law such as paycheck stubs and medical insurance information, or depositions which ask the other side verbal questions. Discovery is costly and may be avoided if both sides work together.
6. Settlement discussions are held. If the parties can settle all issues, a settlement agreement is taken to the judge for approval. The judge has the discretion to approve or disapprove a settlement agreement. However, if the property distribution is "just and right" in a divorce and the agreements affecting the children are in the children's best interest the judge is likely to approve the settlement agreement.
7. If the parties agree to some items but not all or do not agree on any items, the court may require that the parties attend mediation. If the parties still do not agree on all or any of the items, the parties can request a trial and put on evidence and the judge will make a decision. The parties can request that the judge approve the items that the agreed to and only hear evidence on the disputed items.
8. After a ruling is made or the court approves a settlement agreement, the Court will sign an Order and the Order will resolve all matters in the divorce. The Order will be binding on all parties. If a party does not agree with the Order, an appeal may be requested. In order to file an appeal, you must follow all the requirements under the law.
Can I get Child Support or Spousal Maintenance while my case is pending?
Yes, the court can order child support while your divorce is pending. However, you must show evidence of the need and meet the requirements within the statute to be awarded child support or spousal maintenance while the case is pending.
If you have additional Questions which were not answered above, please contact our office to set up a consultation.
No, you don't. However, you will be held to the same accountability as if you were an attorney. Mistakes can be made because you don't know what the rule or legal components of the case are. In addition, you also have to remember that you are emotionally invested in the case and that can sometimes cause you to not represent your case to its full potential. If you do chose to represent yourself, www.texaslawhelp.org may provide some of the information and forms your may need. You may also want to go to the Houston Law Library to research other aspects of handling your case.
How long do I have to live in Texas to file for divorce or child support?
In order to file for divorce in Texas, one spouse is required to live in Texas for 6 months and within the county you file in for at least 90 days. Other residency requirements will apply if there is any property or children involved.
After a divorce is filed, how long will it take until I'm divorced?
In Texas, there is a mandatory 60 day waiting period to finalize a divorce from the time the divorce is filed with the clerk. However, the 60 day waiting period may be waived if domestic violence is involved.
Contested cases usually take between 6 months to 1 year to complete depending on the contested issues. Highly contested cases may take longer than a year.
Is there a waiting period for Child Support cases?
No, however a child support case may take between 6 months - 1 year or longer.
What are the legal steps to getting a divorce, child support modification or requesting child support?
The standard divorce usually involves the following:
1. The Divorce Petition is filed and the other party is served. If the case is uncontested, service can be waived to reduce the costs.
2. A temporary restraining order may be requested when the case is filed. The temporary restraining order will order the spouses to not spend or hide any marital assets in a divorce and will order the parties to not harass or threaten one another. If the temporary restraining order is requested the Court will set a hearing within 14 days.
3. If a temporary restraining order is not requested, the other party has until the Monday after 20 days expire from the date they are served to file an answer.
4. Temporary Orders may be requested and if so, the Court may order child support, child possession, custody, use of property (in a divorce), and payment of debts (in a divorce) during the pendency of the case. Courts may require mediation prior to deciding temporary orders especially when children are involved.
5. In order to make settlement decisions, either side may request discovery of information. Discovery can be a request to produce documents, interrogatories which ask the other side written questions, disclosures which are required by law such as paycheck stubs and medical insurance information, or depositions which ask the other side verbal questions. Discovery is costly and may be avoided if both sides work together.
6. Settlement discussions are held. If the parties can settle all issues, a settlement agreement is taken to the judge for approval. The judge has the discretion to approve or disapprove a settlement agreement. However, if the property distribution is "just and right" in a divorce and the agreements affecting the children are in the children's best interest the judge is likely to approve the settlement agreement.
7. If the parties agree to some items but not all or do not agree on any items, the court may require that the parties attend mediation. If the parties still do not agree on all or any of the items, the parties can request a trial and put on evidence and the judge will make a decision. The parties can request that the judge approve the items that the agreed to and only hear evidence on the disputed items.
8. After a ruling is made or the court approves a settlement agreement, the Court will sign an Order and the Order will resolve all matters in the divorce. The Order will be binding on all parties. If a party does not agree with the Order, an appeal may be requested. In order to file an appeal, you must follow all the requirements under the law.
Can I get Child Support or Spousal Maintenance while my case is pending?
Yes, the court can order child support while your divorce is pending. However, you must show evidence of the need and meet the requirements within the statute to be awarded child support or spousal maintenance while the case is pending.
If you have additional Questions which were not answered above, please contact our office to set up a consultation.
All materials have been prepared for general information purposes only to permit you to learn more about our firm, our services and the experience of our attorneys. The information presented is not legal advice, is not to be acted on as such, may not be current and is subject to change without notice.
No Attorney-Client Relationship or Legal Advice
Communication of information by, in, to or through this Web site and your receipt or use of it (1) is not provided in the course of and does not create or constitute an attorney-client relationship, (2) is not intended as a solicitation, (3) is not intended to convey or constitute legal advice, and (4) is not a substitute for obtaining legal advice from a qualified attorney. You should not act upon any such information without first seeking qualified professional counsel on your specific matter. The hiring of an attorney is an important decision that should not be based solely upon Web site communications or advertisements.
You also should not rely upon the transmission of an e-mail message to an attorney through this Web site to create an attorney-client relationship. The transmission or exchange of information will not do so. Without an attorney-client relationship in the matter, we cannot assure you that your communications will be privileged or (unless we otherwise agree in a specific case) that we will treat them as such. Please do not send us any confidential or sensitive information until you speak with one of our attorneys and obtain prior written authorization to send that information to us.
No Attorney-Client Relationship or Legal Advice
Communication of information by, in, to or through this Web site and your receipt or use of it (1) is not provided in the course of and does not create or constitute an attorney-client relationship, (2) is not intended as a solicitation, (3) is not intended to convey or constitute legal advice, and (4) is not a substitute for obtaining legal advice from a qualified attorney. You should not act upon any such information without first seeking qualified professional counsel on your specific matter. The hiring of an attorney is an important decision that should not be based solely upon Web site communications or advertisements.
You also should not rely upon the transmission of an e-mail message to an attorney through this Web site to create an attorney-client relationship. The transmission or exchange of information will not do so. Without an attorney-client relationship in the matter, we cannot assure you that your communications will be privileged or (unless we otherwise agree in a specific case) that we will treat them as such. Please do not send us any confidential or sensitive information until you speak with one of our attorneys and obtain prior written authorization to send that information to us.
