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Category Archives: Divorce

I Want A Divorce But I Can’t Find My Husband

A person may still receive a divorce in the state of Texas if they are unable to locate their spouse, it just requires a few extra steps than a regular divorce. If you truly do not know where your spouse is living, you may petition the court to allow you to serve your spouse via publication.

Top Five Mistakes in a Divorce

1. Having Unrealistic Expectations : The Texas Family Code will dictate many aspects of your divorce, including child support, custody and division of property. You will probably be awarded what is considered a fair and equitable division of the marital estate and you will probably be awarded or ordered to pay guideline child support. Expecting to take your spouse to the cleaners or having sole custody of the children, absent strong circumstances to support otherwise, is not likely to happen and you should focus on a reasonable resolution rather than “winning” your divorce.

Can I Waive the 60-Day Waiting Period for a Divorce?

Texas has a mandatory sixty-day waiting period from the date a person files an Original Petition for Divorce before they are eligible to formally receive a divorce from the Court. This is outlined in Section 6.702 of the Texas Family Code. In almost all circumstances, you will be required to wait the statutorily-required sixty days before you are able to finalize your divorce.

I Can’t Afford An Attorney. Where Can I Get Free “Pro Bono” Or Reduced Representation?

The reality of any family law matter is that the costs associated can be very high. This is problematic for low income parties who still need competent representation. If you are in need of legal representation but can’t afford a retainer and attorney’s fees, the Houston area has several organizations which offer pro bono or reduced cost legal representation.

How Long Can I Receive Spousal Maintenance?

If a court has determined that you have met the burden of proof for needing spousal maintenance, the next step is determining for what period of time you may be eligible to receive spousal maintenance. The Texas Family Code previously stated that a party could only receive spousal maintenance for a maximum of three years. The Code was recently amended and now states that a person is eligible to receive spousal maintenance for the maximum of:

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