Top
ten questions:
1. How is a
divorce started? - A Texas divorce is started with the initial
filing of an Original Petition for Divorce. This document is
really nothing more than a lawsuit, but instead of asking for
damages because someone either breached a contract or was
involved in a car accident, the Original Petition for Divorce
asks the court to dissolve the marriage, divide property and
debt, enter and make orders appropriate for children (if any),
and enter judgment. There is a sixty day waiting period that
begins on the day the divorce petition is filed. A divorce in
Texas can not be granted before the expiration of sixty days
from the day the divorce petition is filed.
2. I am afraid what my spouse will do if I file for divorce,
what do I do? - Speak to your attorney about this. There are
many options available if you fear for your physical safety, the
safety of your children and if
you are concerned about the property in your marital estate. If
you are ever threatened or physically abused by your spouse call
911 immediately and explain in detail to the responding officer
exactly what happened. Consult with your attorney as to what to
do next. There are many protections that Texas law affords to
the victims of domestic violence. The protection also extends to
the children.
3. Conservatorship what is that?
- Texas doesn't use the term "custody." Instead we use the
term "conservatorship." Conservatorship can be best described as
what duties and rights each parent will have, or not have
regarding children. When speaking about children it's important
to speak in terms of conservatorship, not custody.
Conservatorship is broader than custody. The rights
designated by conservatorship is considerably more than those
given by custody. There are two types of conservatorship in
Texas; Join Managing Conservatorship and Sole Managing
Conservatorship. In Texas, there is a presumption that it is in
the child's best interests that the parties be named Joint
Managing Conservators. This presumption can be over come if one parent
can not act in the best interest of the child. Conservatorship
designates who will have the final say regarding the four bigger
decisions regarding children: where the children will reside,
where they will go to school, major medical decisions regarding
the children, and the moral and religious upbringing for the
children. Ultimately, one party will be designated as the parent
who has the exclusive right to establish the primary residence
of the child. The court can (and frequently does) restrict the
party who establishes the residence of the child to a certain
geographical area, usually the county the divorce takes place
in.
4. Residency restriction what's that? - Currently this is a hot
issue in Texas. Most courts take the position that to allow the
parent who establishes the primary residence of the child to
live wherever that parent wants to live without some
geographical restriction would effectively prevent the
non-custodial parent from having frequent and continuing contact
with the child and thus would make any kind of meaningful
relationship between the child and non-custodial parent
virtually impossible. Most child psychologists have determined
that a child's best interests are met when BOTH parents have
continued and frequent contact with the child and BOTH parents
actively participate in the child's life. There is also evidence
younger children who have frequent contact with the
non-custodial parent tend to have a stronger and more meaningful
relationship with the non-custodial parent as opposed to children
who did not have frequent contact with the non-custodial parent. Statistically the parent-child relationship (sometimes
referred to as "the tie that binds") tends to be much stronger.
Therefore, Courts tend to order possession schedules that
further this aim.
5. I was never married to the other parent of my child, how
do I get child support? - There is no requirement that the
parties be married in order for the custodial parent to receive
child support.
6. How much child support will I get?
- Child support is generally set at 20% of the net income
for the first child, 25% for the next child, 30% for the next
child, and so on. These percentages apply to the first
$6,0000.00 of the non-custodial parents net income. Child
support above the non-custodial parents net income of $6,000.00
is based on the children's proven needs. Texas court have not
defined what the "proven needs" of the children are. Texas law decides what the net income is
regarding net and gross income. Generally, the person paying
child support is responsible for maintaining or reimbursing the
other party for health insurance for the children.
7. I can't
find a lawyer who I can afford, what do I do? Call me. Mike
Granata (214) 977-9050, I have payment options for all budgets.
8. How long will my divorce take to finish?
In my experience, most divorces take between 2-8 months to
finish. Of course, this is the general rule, your case may be the
exception.
9. I have an order establishing child support, but I am not
getting it, what do I do? - Contact the Texas Attorney
General,
www.oag.state.tx.us/index.shtml
10. I do not know where my spouse is, can I still get a divorce?
- Yes.
www.dallasdivorcelawyer.com
Turley
Law Center
6440 North Central Expressway, Suite 450 (Corner of N. Central Expy. & University Blvd.)
Dallas Texas 75206
Telephone:
(214) 977-9050
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