Case Types

Divorce, Support and Custody

When you have to go through a divorce, you need frank advice as to what can be done, how much things could ultimately cost, and what would be best for a long term solution to your concerns.

In Texas there is a required sixty day waiting period from the date you file for divorce till a hearing can be had to make a final decision.

If you have been served with divorce papers, you must file a response before the time to answer passes or you will lose by default. A default loss means that the spouse filing for divorce could get everything they are asking for in the divorce.

Texas is a community property state. That means that from the date of the marriage through the day of a divorce decree, that 50% of the debts and assets acquired are equally owned by each spouse. This can include retirement funds and other assets you may not have considered.

I often have calls from people claiming to be, or wanting documents to show that they are legally separated. There is no such thing as a legal separation in Texas, you are either married or divorced.

I set fees for all family cases into two categories, contested and un-contested. Contested cases have the highest fee, and usually take the longest to resolve. To qualify as an un-contested case, both spouses must be able to provide evidence that they have reached an agreement, in principle at least, as to visitation of children, child support, the division of debts and assets, and the willingness of the non-filing spouse to sign a waiver of service.

A waiver of service is a document that can be signed and notarized by the spouse who is responding to a divorce suit stating that the responding spouse understands a divorce petition has been filed, and that they do not require formal service of a copy of the suit on them. This document not only helps to show that the case is not contested, but saves in costs for the issuance of a formal citation and service by a licensed process server.

I do not practice collaborative law. Collaborative law is a process by which both spouses can hire the same lawyer to finish their divorce. So long as there is never a disagreement between the spouses, that attorney can proceed. But, if a dispute ever starts between the spouses, the collaborative lawyer must withdraw from representing either spouse, and they will have to hire separate attorneys. This often means paying a total of three retainer fees (one for the collaborative lawyer, and one for each spouse's individual lawyers). The collaborative process is a major cost savings for spouses who can stay within the confines of the collaborative process.

Because I do not practice collaborative law, I can only sign one spouse to a contract and give advice only to that spouse. This does not mean the spouse I do not represent has to get a separate attorney, but it is their choice to hire separate counsel or not.

My philosophy regarding family law cases is to inform my client of all their rights and risks, but not to be the source of disputes between the spouses. When attorneys cause disputes, all they do is cause the parties to pay more in fees. My goal is not to increase the fee, but to help find a quick solution that is in the best interest of my client, for the most cost effective fees possible.

Custody and child support cases are often a part of a divorce, but can also arise between parties that were never married or who have already been divorced. My philosophy on these cases is the same as it would be in a divorce case.