Frequently Asked Questions: Divorce
Common Family Law Questions
What is an uncontested divorce?
When a couple that wants to
legally end their marriage makes their own agreements regarding
child custody and
support, it is called an uncontested divorce. If any disagreements arise that
can't be resolved, the matter is deferred to the court for adjudication,
also called a
What is required to legally end a marriage?
Couples can petition for a divorce on a "no-fault" basis, meaning
that one spouse does not have to prove that the other spouse did anything
wrong. The law also requires that at least one spouse lives in the state
for a minimum period of 180 days before filing.
How long will it take for a divorce to be granted?
Once a divorce petition has been filed, a 60 day waiting period is legally
required before the divorce is granted. A contested divorce could take
longer, depending on the amount of time needed to work out agreements
property division, spousal support, child custody and support.
How is property divided?
Any assets that were acquired during the marriage must be equitably and
fairly distributed. The property distribution process first requires compiling
a complete list of assets, and then determining their value. When dividing
assets, the court will consider the age and health of each spouse, their
current income and future earning potential, as well as child custody
Galveston County divorce lawyer can review your finances and give you additional insight into the property
Why should I hire a lawyer?
Ending a marriage can be difficult, even under the best of circumstances.
A qualified attorney can manage the legal aspects of the dissolution,
and ensure your rights and interests are protected. Your lawyer can also
help mediate agreements with your spouse regarding property distribution,
alimony/spousal support, child custody and support. My name is Attorney
Karenko and I have over two decades of divorce case experience. I will
provide the professional and personal assistance you need when seeking
a divorce, and skillfully guide you through the divorce process.
Will I have to pay alimony/spousal support in a divorce?
Alimony, more commonly referred to as spousal support, is not a mandatory
facet of divorce but in certain circumstances the judge will order you
to pay. This is usually used in cases where the other parent or spouse
does not make enough on their own without a second income and in the event
of a divorce they would face serious financial hardship. If the marriage
however was for a very short period of time or both spouses are employed
and make sufficient income then alimony will most likely not be considered
in this case.
In a divorce, who gets to keep the house?
In cases of divorce, the house is of equal property to either spouse. The
only time things really get complicated is when children are involved.
The court prefers that the children be able to stay in the home with the
custodial parent. So in theory whoever gets physical custody may get to
keep the house.
How much child support will I be given?
The state has a formula and a chart which helps them determine the amount
of support you will receive based on multiple different factors. There
are some rare cases where the court will make special exemptions but for
the most part, child custody is a carefully calculated and predictable
number based on the income of both parents and custody arrangement. For
example, if you make less money than your former spouse but you are the
primary custody parent you may get a substantial amount of support to
help provide for the child.
What happens if my spouse stops paying their child support?
The state of Texas takes this very seriously and there are ways to enforce
the child support and get them to pay. First you can file a motion with
the court, identifying them as being in contempt of court. This means
that they are in violation of the court ordered child support agreement
and if the court approves the motion then there are several things that
could happen. They may sentence them to jail time, suspend their license,
or even garnish their wages to get the court ordered amount of child support
that is owed to you.
Contact a Galveston County divorce lawyer
if you are considering divorce to understand more about the process and
how best to legally end your marriage.