Answers To Your Divorce Questions
Far too often, divorcing spouses find themselves overwhelmed with many questions. At the Law Office of Randy Mora, PLLC, located in San Antonio, you can find the answers you are looking for from an experienced Texas family law attorney. Before you meet with us, we want to answer some of your more common questions, below.
How long is the divorce process in Texas?
The shortest amount of time it takes to get a divorce in Texas is 61 days due to state law mandating a 60-day waiting period from when you filed the divorce petition. Typically, a divorce can take between 61 days and several months depending on the matter. However, it can take longer depending on factors such as the court’s docket, time needed to draft the documents, custody arrangements, service, opposing counsel, and opposing parties.
What is the difference between a contested and uncontested divorce?
When a couple decides to work together and negotiate for an agreeable resolution in their divorce, they participate in an uncontested divorce. When a couple either cannot work together or their uncontested divorce does not reach an agreeable outcome, taking the divorce to court or to alternative dispute resolution might be the best course of action.
What is “fault” in a divorce filing, and how is it different from a “no-fault” divorce?
There are several factors that can qualify as “fault” committed by a spouse in a divorce: cruelty, adultery, a felony conviction and abandonment, living apart, confinement in a mental hospital. If there is a fault in a divorce, it can result in asset division in the divorce favoring the party who is not at fault. Otherwise, fault in a divorce does not affect other areas of divorce, like custody or visitation agreements.
Can I file for divorce without hiring an attorney?
It is possible to pursue a divorce without the guidance of a divorce lawyer, but doing so is rarely in your best interests. We can help you keep your divorce civil, pursue your desired outcome and avoid critical mistakes throughout the process. We can also provide you with the information and guidance necessary to settle things quickly and efficiently.
How are assets divided in a divorce in Texas?
Texas is a community property state. This system means that any assets a married couple acquired during their marriage are eligible for asset division. Some exceptions include inheritances and gifts as well as any assets that a spouse earned before their marriage.
What happens to the business I owned with my spouse?
Any business in a divorce is likely susceptible to asset division. The typical outcomes include:
- One spouse buys the other’s share of the business with either money or in exchange for property during asset division.
- Both spouses keep their share of the business and continue ownership as normal.
- Both spouses sell the business, either willingly or because no agreement can be reached.
We can help you determine what course of action is right for you and pursue that option through negotiation or litigation.
How long will I have to make spousal support or alimony payments?
Every divorce agreement is unique, but some factors are typical in a divorce. Spousal maintenance regularly ends either when the awarded benefit reaches its end date, one of the spouses dies, or the obligee remarries or lives with their romantic partner permanently.
Is a separation agreement an option?
While it is possible for a married couple to live separately and still be married, that would not qualify as a legal separation. In fact, Texas courtrooms do not recognize legal separations.
How much does a divorce attorney usually cost?
Divorces are often complex and lengthy. Trying to navigate these delicate matters, while also defending your best interests properly, takes time. As a result, a divorce can typically cost several thousand dollars. You can also lessen the cost of your divorce by pursuing an uncontested divorce.
Have More Questions? We Have Answers.
If you want to know more about your divorce or want to begin developing a personalized strategy to lead you through it, contact us today. Call us at 210-446-0306 or email us here to schedule your initial consultation.