Blog
If the case is settled out of court, must I still go before a judge?
- posted: Nov. 04, 2016
Yes. Only a judge can grant a divorce. Once all the documents are in order, one of the parties signs off on the divorce decree and the other party goes Read More
Does a spouse have to prove fault on the part of the other spouse to obtain a divorce?
- posted: Nov. 04, 2016
No. Texas is a no-fault divorce state. We simply plead “conflict of personalities that destroys the legitimate ends of the marital relationship.” No spouse has to give the other spouse Read More
How is property divided in Texas?
- posted: Nov. 04, 2016
All property is community property unless proven to be separate property by clear and convincing evidence. The division is that which is just and right in accordance with the court’s Read More
Can I get alimony?
- posted: Nov. 04, 2016
Texas disapproves of alimony, but it is possible to get alimony if you qualify. There are a number of factors involved and it is only awarded for a limited amount Read More
What does a divorce cost?
- posted: Nov. 04, 2016
Rule 1.04 of the Texas Rules of Lawyer Discipline outlines the factors involved with attorney's fees. Fees are based upon the time and labor expended, the complexities of the issues Read More
Can the court make my spouse a better person?
- posted: Nov. 04, 2016
Not a chance. Frankly, the question seems silly at first glance. However, our clients often insinuate the question in a roundabout manner. They ask questions or take actions that indicate Read More
Can I do the divorce myself?
- posted: Nov. 04, 2016
Yes. Quite frankly, however, it is bad advice. In the first instance, divorce decrees and closing documents are complex documents. Unless you are familiar and have worked extensively with them, Read More
Why do lawyers require retainer fees?
- posted: Nov. 04, 2016
The short answer is to make sure they get paid. Rhetorically, why do doctors have a nurse at the door? Why do mechanics require payment before giving you the keys Read More
At what age can a child decide with whom they want to live?
- posted: Nov. 04, 2016
At age 12, a child has the right to express a preference to the court regarding with whom they wish to live. It is mandatory for the court to interview Read More
What is common law marriage?
- posted: Nov. 04, 2016
A common law marriage, in Texas, is formed by one of two methods: If the parties have signed a Declaration of Marriage pursuant to Section 2.402 of the Texas Family Code, Read More
What are the Texas residency requirements for divorce?
- posted: Nov. 04, 2016
A suit for divorce may not be maintained in this state unless at the time the suit is filed, either the petitioner or the respondent (one of the parties) has Read More
Can I give up my parental rights?
- posted: Nov. 04, 2016
Yes. A parent may voluntarily file suit for termination of their parent-child relationship, and a court may grant the order of termination if it is in the best interests of Read More
Can my spouse move out of the county or out of the state?
- posted: Nov. 04, 2016
Yes, but not with your child if there is a geographic restriction in the Divorce Decree. A spouse granted primary custody has the right to determine the domicile of the Read More
What if I have more questions about divorce in Texas?
- posted: Nov. 04, 2016
Please contact the knowledgeable family law attorneys at Whisenant & Associates to find out how we can help with your divorce issues. Read More
Contact the Firm
Whisenant & Associates Attorneys at Law
10055 Grogans Mill Road,
Suite 130,
The Woodlands, Texas 77380
