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:: Family Law
Armstrong & Willis handles a wide variety of family
law matters. Family law matters we cover include contested and
contested divorce, child custody modification, support modification,
Attorney General IV-D hearings, original suits affecting
parent-child relationships and adoptions.
Dealing
with a divorce or a child custody dispute can be a stressful time.
Whether you're dealing with a painful divorce, a fierce child
custody battle, or any other family legal issue, the professionals
at Armstrong & Willis can help you get what you deserve.
If
you are in need of a qualified, respected family law practitioner,
contact us today to schedule a free consultation.
1. Does it matter who files the divorce first?
Yes. There are very slight procedural advantages to filing first:
for one thing, the person who brings the case first gets to talk
first, and sometimes first impressions are lasting impressions.
2. Do I have to prove fault of the other spouse to get a
divorce?
No. You do not have to show fault to get a divorce in Texas, but if
there is fault, such as adultery, it can sometimes be a factor in
court, depending on the circumstances.
3. How long will it take to finalize my divorce?
A minimum of 60 days. Texas law requires that the couple wait 60
days after the date the divorce petition is filed to finalize the
divorce. How long any individual case takes to resolve depends on
many factors. Some courts require a divorce case to go to trial
fairly quickly, while other courts are content to let divorce cases
languish for very long periods of time.
4. What does a divorce cost?
The cost depends on several factors: whether you and your spouse can
reach an agreement regarding the property division and children, how
long the case has to be litigated before that agreement is reached,
whether temporary orders are necessary, whether a trial is
necessary, whether discovery is conducted, and how reasonable your
spouse and your spouse's attorney are (or aren't) throughout the
process.
5. At what age can a child decide with whom he or she wants
to live?
The court, not the child, is the ultimate judge of where the child's
primary residence will be; however, at age 12, a child can sign a
"Choice of Managing Conservator." This is a document that
communicates the child's wishes concerning primary living
arrangements to the court. In conjunction with this document, a
Motion to Modify must be filed with the court before the court can
modify its prior order. Although the "Choice of Managing
Conservator" document is very persuasive to the court, it is not
binding, as the court will attempt to make a decision which is in
the child's best interest (which is not always what the child
wants).
6. Why do lawyers require up-front retainer fees?
Short answer: to make sure they get paid. Lawyers practice law
because they like the challenge and because they need to make a
living. Like you, they have bills to pay, and they go to work to
trade their time and expertise for compensation. They also have
employees and office overhead. The retainer insures that the
attorney is compensated for his or her efforts.
7. How is property divided in Texas?
The starting point is that the court presumes that all the property
of the marriage is community property, and if you have separate
property you have to prove it by tracing it with "clear and
convincing evidence." The court divides the property in a "just and
right manner." What does this mean? In most cases, it means a 50/50
split. In other cases, factors such as unequal earning power and
fault in the marital relationship can affect the division of
property. There is a reported case where a 90/10% split was deemed a
just and right division. This case was upheld at the appellate
level.
8. Can I get alimony?
Although getting temporary spousal support (while the divorce is
pending) is very common, it is unusual to get post-divorce alimony.
You can get post-divorce alimony if you qualify. There are several
factors involved which would need to be discussed with your
attorney. |
