Family Law FAQs

Do you handle annulments?

Yes, our law office handles annulments. The Texas Family Code sets forth specific circumstances under which a person can file for annulment.

How long before a divorce is final?

Texas has a mandatory waiting period of 60 days from the date the divorce petition is filed; however, if a spouse has been finally convicted of or received deferred adjudication for an offense involving family violence against the spouse petitioning for divorce or a member of the petitioning spouse's household, OR if the petitioning spouse has an active protective order against a spouse for family violence, a court may waive the 60 day waiting period and grant a divorce. Without one of these specific requirements being met, the earliest a divorce can be finalized is the 61st day after filing; however, most divorces take 2-6 months and in some cases, even longer.

How long do I have to wait after my divorce is final in order to remarry?

Unless you are planning on remarrying your recent ex-spouse, you must wait 30 days after your divorce if final before remarrying. You may remarry your recent ex-spouse at any time.

What happens to retirement funds and 401(k) plans in a divorce?

Texas is a community property state so any accrued or vested retirement benefits earned during the marriage are community property. They are subject to division in a fair and equitable manner. Retirement benefits include, but are not limited to, military pensions, ERISA funds, IRAs, Keoghs, Employee Stock Option Plans (ESOPS) and 401K plans. In most cases, a Qualified Domestic Relations Order (QDRO) will be required to transfer a share of retirement funds from the spouse participating in the retirement plan to the other spouse.

What happens if we reconcile and want to cancel the divorce?

You may dismiss your divorce at any time before a judgment has been entered. If no response has been filed, the petitioner alone can file the motion to dismiss. If a response was filed with counterclaims, both sides must sign the motion to dismiss.

Clients say : " I am the single mother of a 5 year old child. Our situation is somewhat complicated because my daughter’s father and I were never married and he lives out of state. My daughter has never lived with her father which has made it difficult for the two of them to form a strong parent/child relationship. I had an attorney, whom at the time was not practicing family law." read more >>