Every single case is different, each with unique facts and circumstances. The time required and complexity involved in every divorce case is also dependent on the case. The costs cannot always be predicted from the start, but an estimated total cost will be given at the time of your consultation.
If your ex-spouse is not allowing you access to your children pursuant to a court order, that spouse can be held in contempt of court and face jail time and pay your attorney fees.
In Texas a grandparent can obtain limited visitation or access in certain situations. Grandparent custody of a grandchild is permitted under the Texas Family Code if the parents consent or if the child’s current living environment poses serious threats to the child’s physical safety or welfare.
Divorce and Assets
If you and your spouse can agree on issues such as custody, child support and the division of property, you can substantially reduce the amount of time your attorney needs to address these issues. Spouses with unrealistic expectations from the start will generally pay more for representation.
In order to file for divorce in Texas, you must have lived in Texas for at least six months and at least 90 days in the county in which you plan to file for divorce.
Generally the time involved in your divorce depends largely on how quickly the parties can agree on disputed issues. If, however, your divorce is uncontested, and there are no allegations of family violence, a court may enter a final decree no sooner than 60 days after the divorce is filed.
A judge may consider which party has the financial means and whether the other party has the means to provide for reasonable and necessary living expenses during divorce. A judge may order one spouse to pay attorney fees, spousal support (temporary alimony) and support for children. Every case is different.
The judge can order the behavior stopped, with the threat of jail if it continues. These issues may also be addressed in temporary orders during the duration of the divorce process.
There is a presumption that all property of the marriage is community property, meaning it belongs equally to both spouses. A spouse claiming that property is his or her own separate property must prove it by clear and convincing evidence. Othersise, all community property is divided in a “just and right manner,” taking into account various factors.
No. In Texas, proving fault is not a requirement in obtaining a divorce. If there is fault, however, a court may consider it when making its decision. For instance, an allegation of adultery may be a factor, depeding on the circumstances.
Yes. This is common and referred to as a modification. Modifications usually address amount of child support and custody. These changes are not automatic and certain minimum requirements must be satisfied.