Below are questions that I frequently hear from my new and existing clients regarding their cases.
Q: What is a divorce?
A: A divorce is the legal dissolution of a marriage and the separation of legal duties and obligations between a husband and wife.
Q: What is an uncontested divorce?
A: An uncontested divorce is relatively quick and inexpensive and is when the husband and wife are in agreement or can reasonably negotiate the terms of the divorce without going to court. The husband and wife agree on custody, visitation and support of any children and the division of all community property and debts.
Q: What if I or my spouse started the divorce ourselves?
A: I can be retained to prepare the divorce decree and finalize the divorce. If you have already filed yourself I will not need my standard retainer.
Q: How soon can I get divorced?
A: In Texas, you must wait 60 days from the date that the petition is filed until the Court can grant the divorce. It is possible to finalize the divorce on day 61 if a total agreement is reached. During the 60 days I will be preparing the paperwork and helping draft the Final Decree of Divorce so that we can finalize the divorce as soon as possible (if doing so is in your best interest).
Q: How soon can I remarry after a divorce?
A: Unless permitted by the Court, after the divorce is granted you must wait 30 days to remarry.
Q: Can I change my name in the divorce?
A: Yes, changing a name is very common in a divorce and is much cheaper than changing it outside of a divorce. I will help you obtain a certified copy of the decree from the court for you to provide to the relevant government agencies (Social Security Administration, Texas Department of Public Safety).
Q: What is child support?
A: Child support is money paid by the noncustodial parent to the custodial parent for the support of the child. Many judges will not sign a Final Decree unless there is a provision for child support in it.
Q: How much child support will I have to pay?
A: Generally, you’re required to pay a percentage of your net income (as defined by the Texas Family Code): 20% for 1 child, 25% for 2 children, 30% for 3 children, 35% for 4 children and 40% for 5 of more children. If you have children with more than one partner there are special rules for calculating child support. It is possible to make provisions for the payment of extracurricular activities and private school tuition if the parties are in agreement.
Q: Do my spouse and I have to follow the Standard Possession Order?
A: No, a mother and father can always reach an agreement for visitation with children that is different than the Standard Possession Order. That agreement can be verbal (I always encourage you to put the agreement in writing) or it can be included in the court order. The possession order in the court’s order will be a default that either party can use.
Q: Do you practice outside of San Antonio?
A: Yes, I practice in the following counties: Comal, Guadalupe, Wilson, Atascosa, Kerr, Kendall, Bandera, DeWitt, Victoria, Caldwell, Hays, Blanco, Karnes, Bee, Goliad, Gonzales, McMullen, Bee and Live Oak. If the case is contested it may be in your best interest to retain a local attorney, but depending on your case it may be more cost effective to retain me.
Q: Where are you located?
A: I am located in the historic Energy Plaza #1, at the corner of New Braunfels Ave. and Soledad.
Q: Do you take credit cards?
A: Yes. I accept Discover, Visa and MasterCard.