KoonsFuller, P.C.

Most divorces are settled out of court by mediation or simply attorney-to-attorney settlement. The newest method of settlement, that completely avoids the courthouse, is collaborative law. Both attorneys and the divorcing parties vow beforehand to do everything possible to reach a settlement. Sessions are private and the process is meant to eliminate the rancor often associated with divorce.

No, because multiple cases may be set on the judge’s docket the same day as your case. Another case may be heard before you, and your case may be reset for another day.

No. An attorney can draft the documents in a divorce for both parties to sign, but he or she can’t legally advise more than one of the parties how to proceed in the divorce.

Yes, in most cases the Court will require you to attend mediation prior to attending final trial.

Once a divorce is filed in Texas and one party wants to go through with it, you can’t stop it from happening in the court system. Your only hope is to convince your spouse to consider reconciliation.

Depending upon the type of visitation schedule that you receive, you may have to pay child support. Child support is based on your income, how many children are before the Court, and pursuant to what is referred to as the “child support guidelines” in the Texas Family Code. Your attorney can calculate your potential child support obligation and discuss variables that may affect the amount you do (or do not) owe.

Yes, and it is becoming more common these days. Get with an attorney to discuss the likelihood and strategy involved in obtaining 50/50 visitation in your particular case.

That depends on the facts of your case. In Texas, instead of “custody,” we use the terms “conservatorship” and “visitation.” Conservatorship involves what rights and duties a parent has, while visitation deals with the parenting time allowed with the children. The presumption in Texas is that both parents will be appointed joint managing conservators of the child. Both parents can be joint managing conservators without having equal visitation time with their child. There are multiple options of how these rights can be awarded and it is important to discuss with your attorney how these can impact you and your children.

The Texas Board of Legal Specialization was established by the state to recognize attorneys who do most of their work in one area of the law and meet annual requirements including a certain level of continuing legal education. Attorneys who are not Board Certified in family law can handle divorce-related matters, but most cases involving complex property arrangements or difficult child custody situations have a Board Certified Family Lawyer on one or both sides.

Either party in a Texas divorce can ask for and receive a jury trial, a unique feature of Texas law. But as a practical matter, judges hear most divorce-related matters and jury decisions that are binding on the court are limited.

No. The Texas Family Code provides for spousal maintenance to be awarded to a spouse if your facts and circumstances meet the requirements as set forth in the code. Furthermore, you and your spouse may agree to contractual alimony depending on the division of your assets.

Not necessarily. Property in a divorce is divided in a manner that the judge deems “just and right.” In addition, the judge may look at projected future earnings of the parties, who’s at fault for the divorce, and other criteria in making a disproportionate division.

Most jurisdictions have a waiting period. In Texas, you must wait 60 days from the time you file until your divorce is final, even if the divorce is uncontested.

You can contact us at any of our office locations. If you don’t have a specific attorney in mind, one of the members of our staff can assist you with making an appointment and helping you select an attorney.

When you contact us either by email or telephone for an appointment, your information is kept confidential and is not shared with anyone outside of our office. We do caution spouses if they are concerned about their spouse finding out about their consultation to use a friend or loved one’s phone to contact our office or a secure email.

Just yourself. If you have access to your most recent financial statements or tax returns, bring those, but it is not necessary. During your consultation, your attorney will let you know what documents are needed and will discuss how and when to retrieve them.

First, you meet with your attorney. During that meeting, your attorney will discuss the options you have for moving forward with your divorce.

Thanks for your question about filing for divorce, Jennifer. Let’s set up a meeting. Give KoonsFuller a call at (214) 871-2727 schedule a time for you and me to discuss further.