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Faq Family Law

FAQ (Family Law)

Q: How long does it take to get divorced?
A: The requirements for divorce in Texas are governed by the Texas Family Code.  The law requires that at least sixty days must have passed from the date the divorce petition is filed, before the court will grant your petition for divorce.   If you are a victim of family violence, the sixty day waiting period can be waived.

Q: What can I do if I need financial help right away?
You must seek temporary orders when you file for divorce.   You can go to court within about 14 days after filing for divorce to ask for financial assistance.   The court will enter temporary orders regarding custody, visitation, child support and property.  These orders typically  stay in place while your divorce is pending.  However, you can ask the court to modify tbe orders,  if there has been a critical change in circumstances, of any of the parties.

Q: What does it cost to get divorced?
A: The costs vary depending on the parties, their needs and circumstances.  Some divorces can be finalized fairly quickly and are less costly because the parties have settled all the issues, and nothing is contested.  While other divorces are bitterly fought, thus driving costs upward. Therefore, the best way to determine the cost  of  your divorce is to schedule a confidential consultation with our firm.   We strive to make your divorce affordable.

Q: Do my spouse and I have to appear in court to finalize the divorce, if we have an agreement?
A: No. Only one of you is required to appear, not both.   Once all issues are settled, the attorney will draft the divorce decree and any other  necessary documents.  All parties and their attorneys must approve the terms of the agreement by signing the decree.   After the waiting period has passed, one of you  will appear before the court, be sworn to tell the truth and answer, a series of questions, called the “prove up.”   If the documents are in order and all questions are answered to the satisfaction of the court, the court will sign the decree and the divorce is finalized.

Q: Does Texas have alimony?
A: Texas law does not use the term “alimony”. “Spousal maintenance” is the term used to describe court-awarded periodic payments paid from one spouse to the other.   If a party seeks support, he or she must meet certain criteria before it is awarded.   The amount of support and the length of time a person will receive it varies, depending on the parties’ situation and financial circumstances.

Disclaimer: The information contained in this website is not legal advice. It is not intended to replace the counsel of an attorney, nor does it constitute an attorney-client relationship. We suggest that you contact the Law Offices of Sharon Sanders Webster, and schedule a consultation about your legal problem.