If you’re going through a divorce, are considering divorce, or have recently been served with divorce papers, you have questions, and you may not even know where to begin when it comes to asking them. We’ve gathered the 22 questions we hear most frequently as seasoned divorce attorneys, and the answers may help you with your own.
If you’re wondering what to do first, the answer is always to contact an experienced Round Rock divorce attorney today for professional legal representation.
1: Do I need an attorney?
Your parental and financial rights are on the line in a divorce, and as a result, you need the skilled legal guidance of a trusted divorce attorney in your corner. The difference your attorney can make in the outcome of your case can easily make up for the added expense, and the overall cost of divorce terms that fail to protect your rights can be difficult to overstate.
2: What comes first?
If you haven’t already been served with divorce papers, your skilled divorce attorney will file an original petition for divorce with the court, and in it, you will ask for the divorce terms you’re seeking. From here, your spouse will need to be officially served, and they will have a specific amount of time to respond with their answer.
3: Am I the petitioner?
Yes, if you file for divorce, you become the petitioner, and your spouse becomes the respondent. If your spouse serves you, on the other hand, they become the petitioner, and you become the respondent. These are just generic names that are used to identify the two involved parties, and they have little bearing on the case otherwise.
4: I was just served with divorce papers. What should I do?
This is an easy one – you shouldn’t wait to consult with a practiced Round Rock divorce attorney. The sooner you have professional legal counsel on your side, the better protected your financial and parental rights will be. Further, you have only a specific number of days to respond, which makes taking immediate action key.
5: Are Texas divorces no fault?
Most Texas divorces are not based on either spouse’s fault, which makes them no-fault divorces. Instead, the majority of Texas divorces are based on insupportability, which is something like irreconcilable differences.
In Texas, however, you can also seek a divorce that’s based on your spouse’s fault, such as in response to adultery or cruelty. No-fault divorces are also contested divorces because they are resolved in court, and the fact of one spouse’s fault in the matter can directly affect the divorce terms.
6: What is the difference between a contested divorce and an uncontested divorce?
Uncontested divorces are resolved outside of court, while contested divorces go to trial and require the court’s intervention to resolve the pending terms.
Most no-fault divorces are also uncontested, which means they don’t go to court, but some complicated no-fault divorces do go to trial – making them contested. Fault-based divorces are also contested divorces because they require the court’s input.
7: How quickly can I be divorced in Texas?
In a perfect world in which everything goes your way, including the court’s busy docket, you can be divorced in as few as 61 days in Texas. There is a mandatory 60-day waiting period – or cooling off period – that virtually every divorcing couple must wait out before their divorces can be finalized.
However, ensuring that you walk away with fair terms that reflect your rights is far more important than obtaining the fastest divorce possible.
8: What if I don’t want a divorce?
Your spouse doesn’t need a reason beyond claiming that your marriage is insupportable to obtain a divorce, and there is nothing you can do to stop them if they’re bound and determined to make it happen.
While you have every right to do everything in your power to try and save your marriage, your spouse will need to change their mind in order to stop the divorce from going through. Ultimately, if someone wants a divorce in Texas, they can obtain it.
9: Will my spouse’s affair affect our divorce?
If your spouse is having a sexual relationship with someone other than you, the state labels their actions as adultery, and it represents one of the primary grounds for fault-based divorces. If you choose to pursue a fault-based divorce, however, there are certain considerations you should keep in mind:
Your case is likely to take longer to finalize.
Your case is likely to be more expensive.
Your case will almost certainly be more emotionally draining.
Your case will likely be harder on your children.
While the cons are considerable, there are situations in which pursuing a divorce that is based on adultery is worthwhile, and your savvy Round Rock divorce attorney will be right there with you – helping you make the right decisions for you throughout the legal process.
It’s worth noting here that your spouse’s adultery could also affect your terms, even in a no-fault divorce. For example, if your spouse was using marital funds to wine and dine their new romantic partner, it could make a difference in how your marital property is divided.
10: What if my spouse is accusing me of having an affair?
Your spouse faces the same challenges you would in relation to a fault-based divorce, and a final point to make here is that the burden of proving one’s spouse is having an extramarital relationship falls to the spouse who is making the claim.
If you’re not having a sexual relationship with someone else, you don’t have anything to worry about, and if you are, your focused divorce attorney has the legal insight to help you mitigate any damage.
11: Which divorce terms apply to my divorce?
Every divorcing couple must address property division. Divorcing couples who share children must also negotiate child custody arrangements and child support. Alimony applies to divorce only under limited circumstances.
12: How is property divided in a Texas divorce?
In Texas, all the assets and property that a couple accumulates over the course of their marriage is considered marital property, and it doesn’t matter who made the purchase or whose name is on the title. In a divorce, these assets must be divided fairly between the spouses, and while this can mean evenly, it doesn’t always – depending on the circumstances involved.
Separate property – or property that either of you owned prior to marriage and kept separate throughout the marriage – remains the original owner’s. The spouse who claims a separate asset, however, is required to prove its separate nature.
13: What are my chances of receiving sole custody of my children?
Texas uses the term conservatorship rather than custody, and Texas courts are invested in supporting the best interests of the children. This translates to spending considerable time with each parent—unless there is a serious reason for not doing so.
In other words, the situation must be dire for one parent to receive child custody orders that exclude the other parent. One parent may, however, become the primary custodial parent.
14: What does it mean to be the primary custodial parent?
When divorced parents don’t share parenting time 50/50, the parent who has the children the majority of the time is identified as the primary custodial parent. This parent has the authority to decide where the children make their primary home, but this is limited by the parameters set by the court.
15: What is legal custody?
In addition to physical custody, or parenting time, Texas courts address the matter of legal custody, which determines parental responsibilities – or decision-making authority for primary decisions about matters like the following:
Where the children attend school or go to daycare
The medical care the children receive
The extracurricular activities the children participate in
The religious upbringing the children receive
Post-divorce, parents can continue making these decisions together, but one parent may have the right to break a tie when it’s necessary. These decisions can also be divided between the parents according to category, and when the situation supports it, one parent may receive sole legal custody.
16: Will I receive child support from my ex?
If you are the primary custodial parent and your ex earns more than you do, they are very likely to have the child support obligation and will, therefore, make child support payments to you. When it comes to child support, there is a state calculation tool in place, and the two primary concerns are the amount of parenting time each parent has and each parent’s income.
Because each parent is required to support their children according to their financial ability, the higher earner typically pays child support—even when parenting time is shared equally.
17: My ex isn’t paying child support. Do I have to allow regularly scheduled parenting time?
Parenting time and child support are separate matters, and they are both based on the best interests of your children. If you use one to punish your spouse for the other, your children suffer twofold – not only aren’t they receiving the support to which they’re entitled but they’re also missing out on visitation with their other parent.
When you fail to follow court orders, you can face legal consequences. If your ex isn’t paying court-ordered child support, your accomplished divorce attorney can help.
18: When does child support end?
Child support applies to each child until they turn 18 or graduate from high school – whichever comes later. This means if a child graduates at the age of 17, the child support requirement doesn’t end until their 18th birthday.
19: Will I get alimony?
Alimony only comes up in those divorces that leave one spouse without the financial means to cover their own reasonable needs – relative to the marital standard of living achieved – while the other is capable of helping. If this applies to your situation, you may be entitled to alimony.
Alimony is intended to allow the recipient the time they need to gain greater financial independence through efforts like the following:
Returning to school
Obtaining job skills
Pursuing job training
20: When does alimony end?
The longer the marriage, the longer the alimony is likely to last, with the duration topping out at 10 years after a marriage that lasted at least 30 years. Further, if the recipient remarries, the other spouse’s alimony obligation ends automatically.
21: What happens if my marriage is common law?
While Texas recognizes marriages that are forged under common law rather than through a ceremony, there are no shortcuts when it comes to divorce. In other words, there is no common law divorce – you’ll need to go through the same legal process that other divorcing couples do.
22: Is legal separation an option?
Texas does not recognize legal separations, which means that you are married in the state until you are divorced. If you and your spouse do separate, the assets and debts that either of you acquire will be treated as marital, which can have serious implications in terms of property division.
Additionally, if either of you enters a romantic relationship with someone other than your spouse, the law considers it adultery, and it can directly affect the terms of your divorce.
An Experienced Round Rock Divorce Attorney Is Standing By to Help You
Brett Pritchard at The Law Office of Brett H. Pritchard is a formidable Round Rock divorce attorney who has the experience, legal insight, and drive to fiercely advocate for divorce terms that not only protect your rights but also serve you and your children well.
The outcome of your case is important to your future, so please don’t delay contacting or calling us at 254-781-4222 and scheduling a FREE consultation to learn more about what we can do to help you today!