Guiding You Through A Difficult Time: Frequently Asked Questions About Family Law Issues
When you seek out the services of a family law attorney, you are looking for a steady hand to guide you through an uncertain time. At the Law Office of Lori Watson, we have an extensive background in aiding clients in the Georgetown area as they enter a new chapter of their lives.
Below are some frequently asked questions that our lawyer receives during initial consultations:
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 two to six 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 is 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 401(k) 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.