Frequently Asked Questions

The duration of a divorce is challenging to accurately predict due to various factors such as issue complexity, party motivations, and legal constraints. The legal minimum duration mandated for completion is 60 days from filing, aiming to provide time for reconsideration. Some cases do conclude within this timeframe, typically involving uncomplicated issues and cooperative, motivated parties. However, intricate matters and diverse motivations among parties and lawyers commonly extend the process beyond the mandated period.

The precise cost of a divorce is challenging to foresee, leading most divorce attorneys to employ hourly billing rather than fixed fees. Promising a cost estimate often results in disappointment, as various factors influence expenses. Complexity of issues, party motivations, and legal representatives contribute to costs. To mitigate expenses, litigants should evaluate cost-benefit ratios before taking action. Our firm values settlements over trials due to financial and emotional tolls. Early in divorce proceedings, we strive to achieve reasonable settlements, often utilizing mediation for effective communication and issue resolution.

In Texas, if one spouse is willing to testify under oath that the marriage has become insupportable due to discord or conflict of personalities that destroys the legitimate ends of the marriage relationship, and that there is no reasonable expectation of reconciliation, a divorce will be granted. Legally, the other spouse cannot prevent this outcome.

Similar to possession matters, child support adheres to a legislature-imposed presumption. Legislative guidelines outline a presumed best-interest approach, with percentages set for different numbers of children: 20% of the paying spouse’s net monthly income for one child, 25% for two, 30% for three, etc. This presumption covers the initial $9,200 of the paying spouse’s net resources. If earnings surpass this, and the recipient seeks more than the percentages applied to $9,200 (e.g., child support beyond $1,840 for one child), the burden shifts to the recipient to demonstrate heightened child needs warranting an excess over the presumed sum.

In Texas, the court lacks authority to compel “alimony” payments. Nonetheless, “spousal maintenance” orders can be issued in specific scenarios. These involve marriages lasting a decade or more, where one spouse is unable to self-support due to limited earning capacity, disability, or care requirements for a disabled child. Such orders could also apply if a spouse has a history of family violence conviction. It’s important to note that spouses can agree to alimony or support even without the mentioned circumstances. While some matters can be mandated, agreements typically encompass diverse aspects. Often, estate division leads to agreements where one spouse commits to periodic payments. Whether these payments are classified as alimony, spousal support, or under another category demands careful evaluation by legal and tax professionals.

In select jurisdictions, divorce petitioners must substantiate the necessity of divorce based on specific misconduct by a party, such as cruelty, adultery, or fraud. The rationale is that without these circumstances, continuation of marriage is encouraged. However, this system can force some to remain unhappily married due to non-qualification. Additionally, settlements can be hindered as neither party wishes to be publicly labeled as cruel, adulterous, or fraudulent. Texas, in contrast, eliminates the requirement of proving fault for divorce. A spouse need only affirm discord or personality conflict undermining marital purpose and reconciliation hope.

The duration of the adoption process in Texas can vary widely depending on factors such as the type of adoption (e.g., agency, private, international), the specific circumstances of the case, the efficiency of paperwork and legal processes, and the availability of resources. On average, the adoption process in Texas can take anywhere from several months to a year or more.

For example, a stepparent adoption might generally be faster than an international adoption due to differences in legal requirements and the need for immigration procedures. Private adoptions can vary based on how quickly a suitable match is found and legal steps are completed.

It’s important to consult with an experienced adoption attorney or adoption agency in Texas to get a more accurate estimate based on your specific situation. They can guide you through the process and provide insights into potential timelines.




Recent Articles