Frequently Asked Questions

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A: In order to be married by common law three elements must be met. Those elements are
(1) A man and woman live together.
(2) A man and woman have the intent to be married.
(3) A man and woman represent to others that they are married.

(Note) Texas law does not specify a length of time a couple must live together before they are considered married by common law.
Do not file a tax return together  or  make any representation that you are married unless you have the intent to be married.

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A: To apply for a marriage license, you must have been divorced for at least 30 days before the license can be issued. However, a judge can waive this waiting period for you if you desire to re-marry within thirty days of your divorce.

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A: In Texas, the waiting period for divorce is sixty days from the filing of the divorce. This does not mean that every client will be divorced in sixty days. The chances of becoming divorced earlier increase if there is an agreement between the parties. The more complicated the case the longer it takes to finalize.

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A: Also called a prenuptial agreement, a premarital agreement is an agreement between two people who are soon to marry that in the event of a divorce, the parties are rightfully entitled to what is theirs. The agreement becomes binding at the time of marriage. The agreement addresses issues such as property, spousal support, and any other matter including personal property. Premarital agreements do not deny a child from support.

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A: Community property is property acquired during your marriage by either spouse. All property is presumed to be community property and the burden of proof is on the spouse that desires to prove otherwise.

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A: Separate property is property owned by a spouse prior to the marriage, property received by one party as a gift, or property that was inherited.

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A: No. Child support payments and visitation are two separate issues.

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A: No. Child support payments and visitation are two separate issues.

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A: A temporary restraining order is an order from a judge for the purpose of preserving your assets and to apprise your spouse that they are restrained from harassing you, making threats or causing bodily injury. It is very common for your attorney to obtain a temporary restraining order and have it served on your spouse along with the petition for divorce.

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A: A civil court order issued in order to prevent continuing acts of family violence. A protective order may only be filed against a family member of the same household, or anyone in a dating relationship. The police can arrest someone for violating a protective order. Such a violation could result in a charge for a criminal offense.

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A: An attorney appointed by the court to protect the best interest and provide legal representation for a child if the court feels the parents are not capable of doing so. The parties are responsible for ad litem fees.

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A: Usually grandparent visitation is limited. A grandparent may gain access to the child if it is no longer presumed that the parent is acting in the best interest of the child, or if denial of access would significantly impair the child's physical or emotional health or safety.

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A: 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.

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A: Yes, in most cases. Texas has the most progressive and intensive use of mediation in the country. In 1987, four of the seven family district court judges in Dallas County began to order mandatory mediation all cases. Since then, most Texas courts have begun to require mediation before a family law case can be scheduled for trial.

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A: Some cases are just too complex for one attorney, no matter how gifted, to handle flawlessly.

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