Experienced in Complex Property Division and Contested Child Custody Matters.
Our Phone Numbers
817.275.8765
- Arlington
817.473.3332
- Mansfield
972.956.8323
- Flower Mound
940.483.9000 – Flower Mound
OurMission
We strive to maintain a reputation with clients, attorneys and courts for professionalism and proficiency. We seek to aggressively advocate for all of our clients to create individualized, fair and functional solutions.
Whether you are dealing with complex property issues or a difficult custody case, you need a lawyer who can recognize, develop, and advocate your legal position.
How long does it take to get a divorce?
The minimum time it takes is sixty days. The divorce petition must be on file for sixty days before the divorce can be heard. In reality, the divorce can only be final in sixty days IF you and your spouse make an agreement early enough that an Agreed Decree of Divorce can be prepared and approved before the sixty days is up.
Do I have to go to court?
Even if everything is agreed to, one of the parties must appear in court to “prove up” the divorce. However, if there is an Agreed Decree of Divorce, this is a very simple matter. You and your attorney will usually stand up in front of the judge’s bench, and your attorney will ask you some questions about your marriage, your agreement, and the Agreed Decree of Divorce. The judge may ask you a few additional questions, and then will grant your divorce and sign the Agreed Decree of Divorce.
We have agreed on everything. Can’t I just use my spouse’s lawyer?
A lawyer cannot represent both sides on any case. If you have truly agreed on everything, it is possible for your spouse’s lawyer to prepare the papers and for you to approve them without you having an attorney. However, this is not advisable. You should have your own attorney to at least look over the documents to make sure that your agreement is correctly expressed in legal terms and to advise you of anything in the agreement that may affect you in the future.
My spouse is a doctor and a member of a professional association. Can I be awarded half of our interest in the medical practice?
Unless you are a licensed doctor, you cannot legally be a member or shareholder of the professional association. Even if you are a licensed doctor, the professional association’s bylaws or regulations may prohibit a spouse from becoming a member or shareholder through divorce. However, the court will need to consider the value of the medical practice in making a property division. You will need an experienced attorney who can determine the issues that affect this value and assist you in obtaining expert valuation of the medical practice. Depending on the specific circumstances of your case, your attorney can help you determine the best course of action for your case.
Neither one of us can afford to keep the house on our own, but my spouse won’t cooperate with me in trying to sell. What can be done? In a circumstance like this, it is possible for the court to appoint a receiver to put the house on the market and sell it. The court will then make orders regarding distribution of the proceeds of the sale.
I don’t have any idea what kind of property we own, but my spouse makes a lot of money. How can we find out about the property?
There are many things your attorney can do to help determine the extent of your community property. Your spouse can be ordered to provide the court with a Sworn Inventory and Appraisement of your community property and your spouse’s separate property, and any liabilities. Specific written questions, called interrogatories, can be sent for your spouse to answer. A Request for Production of Documents can require your spouse to produce documents regarding the property. In some cases, your attorney will want to take a deposition of your spouse. This means your spouse will have to answer your attorney’s questions under oath, just as if your spouse was in court.
We have a handicapped child. How long will my spouse have to pay child support?
If your child is born handicapped, or becomes handicapped before his eighteenth birthday, it is possible for the court to order continued support after the child turns eighteen. There are many issues and factors that can affect this issue, depending upon the nature and severity of your child’s handicap.
I haven’t worked since my children were born. I don’t even know what kind of job I can get. Is it true that Texas doesn’t have alimony?
Texas courts cannot award alimony, although parties can agree to contractual alimony. Texas has created a category of support that courts can award under certain circumstances called “spousal maintenance”. If you qualify for spousal maintenance, the court can award support for a period of time to help you get on your feet and back into the work force. Spousal maintenance is intended to be temporary assistance, and is usually limited to three years at most. There are limited circumstances under which it can continue for a longer time. If we split our time with the children equally, will I have to pay child support?
It will depend upon the specific circumstances of your case. The court can still order child support in such a case, although many people who agree to equal time will agree that neither spouse will pay child support. If we have joint custody, will I have to pay child support?
The court can still award child support if it appoints joint managing conservators. It will depend on the circumstances of each case. My ex-spouse hasn’t paid the child support as ordered. Can I refuse to let my ex-spouse have the children?
NO! The courts consider child support and possession of the children to be separate issues. Just as your ex-spouse can be held in contempt of court for not paying child support, you can be held in contempt of court for refusing to allow your ex-spouse to have court-ordered possession. My child is now thirteen and wants to come live with me. Can the court orders be changed?
If you and the other parent agree, an Agreed Order in Suit Affecting Parent-Child Relationship can be prepared by your attorney. This order will include any necessary changes to child support provisions of your previous order or decree. If you and the other parent do not agree, you will need to consider whether a contested Modification suit is in your child’s best interests. Your attorney can best help you consider your options and likelihood of success. Since your child is now over the age of twelve, he can file a paper with the court stating which parent he prefers to have the right to designate his primary residence. The court will consider this, but is not bound by it.
We don’t want to fight over the children, but we are having trouble figuring out how to make things go smoothly. Do you have any advice?
Let us know where the problems seem to be occurring. We have experience in lots of different situations and may be able to suggest something that can help you work things out. Some courts have a “visitation facilitator” who is experienced and trained in helping the parents work out problems with visitation.
My ex won’t let me see the kids when I am supposed to. What can I do?
Keep a calendar or log of when your possession times are, the efforts you made to exercise your possession, and what the response was. If this is occurring on a regular basis, you may want to consider filing an enforcement action. Contempt of court is just one of the things the court can order. Other things the court can do, along with or instead of contempt, include setting up additional possession times to compensate for missed possession and ordering your ex to pay for your attorney fees.
My ex changed jobs and I am not getting my child support from the new employer. What can I do?
You can have an Employer’s Order to Withhold Child Support served on the new employer.
I changed jobs and my new employer didn’t start taking out my child support for two months. Do I owe child support for those two months?
Yes, you do owe your child support, whether or not it was withheld from your check. Be sure you send any back payments through the child support registry as set out in your court order, so that your record of paid child support will be correct.
