What are the steps involved in an action for divorce?

• Separation – Note that Texas does not recognize the concept of legal separation. However, the action of the parties during their separation may influence the final outcome.

• Original Petition for Divorce 

• Temporary Orders 

• Mediation 

• Discovery 

• Trial 

• Post-Trial / Final Decree 

• Appeal

 

Where will my divorce suit be filed?

A suit for divorce may not be maintained in Texas unless at the time the suit is filed either the petitioner or the respondent has been:

(1) A domiciliary of this state for the preceding six-month period; and

(2) A resident of the county in which the suit is filed for the preceding 90-day period.

 

How long will it take to finalize my divorce?

Texas requires a minimum of 60 days after the divorce petition is filed before a divorce may be finalized. The time for your case to be finalized will depend on several factors. Factors that tend to extend the divorce process are joint managing conservatorship or sole custody of child or children, visitation issues, spousal maintenance, property interests and several other factors unique to each client.

 

If the other parent is not paying their child support obligations, may I deny them visitations?

NO. Visitation is not based on child support payment. For a non-paying spouse, consult attorney Burke Stephen for assistance in enforcing court ordered child support payments.

 

If I am denied access to my child, do I still have to pay my child support obligations?

YES and YES. Under Texas law, you can be held in contempt for failure to pay court ordered child support payments. Visitation access is not tied to child support payments. These are separate actions with different enforcement mechanisms. If you are being denied access to your child or children, please consult our office to pursue an enforcement action against the parent denying you access. 

 

Can I still get child support if I never married my child's other parent?

YES. Each biological parent owes their child a duty financial support. Therefore, the court may order either or both parents to support a child in the manner specified by the child support order:

(1) until the child is 18 years of age or until graduation from high school, whichever occurs later;(2) until the child is emancipated through marriage, through removal of the disabilities of minority by court order, or by other operation of law;(3) until the death of the child; or (4) if the child is disabled as defined in this chapter, for an indefinite period.

 

What is a common law marriage?

Texas refers to this as an informal marriage. There are two ways persons may establish their informal marriage:

(1) Sign a declaration of informal marriage on a form prescribed by the bureau of vital statistics and provided by the county clerk. Each party to the declaration shall provide the information required in the form; OR 

(2) The man and woman agreed to be married and after the agreement they lived together in this state as husband and wife and represented to others that they were married.

 

Can I get alimony?

Texas provides for spousal maintenance but in limited circumstances. There are two types of maintenance orders - temporary spousal maintenance (awarded during the divorce proceedings) and post-divorce spousal maintenance. Post-divorce spousal maintenance is awarded in very limited circumstances. Consult with attorney Burke Stephen for a customized analysis to determine your eligibility to receive spousal maintenance.