As a family law attorney, I see firsthand how divorce can take a tolling effect on parties. During the initial consultation, my goal is to provide the client with a thorough understanding of what to expect throughout their divorce journey. Here are five commonly asked questions that I answer when consulting with people who are considering getting a divorce:

1. How long will the process take? Generally, there is a 60 day waiting period for a divorce to be finalized. Quick divorces such as these are only likely when the parties can reach an agreement as to every aspect of the divorce including property division, custody, child support, and possession and access. But when the divorce is highly contested, the case can be drug out for several months or longer. When the divorce case is contested, there is usually a long process: filing the lawsuit, attending a temporary orders hearing, mediation, and having a final trial.

2. Will my wife automatically get custody of our child? The days where women are granted custody simply because they of their gender are long gone. Nowadays, courts consider the child’s best interest in deciding who to appoint as the primary custodial parent. Some factors the court takes into consideration include the parental abilities of the individuals seeking custody, the emotional and physical needs of the child now and in the future, and the stability of the home or proposed placement.

3. What is the difference between an uncontested divorce and a contested divorce? In an uncontested divorce, the parties agree on all terms of the divorce. In a contested divorce, the parties cannot reach an agreement about getting divorced or the terms of the divorce such as child support, marital property division, or custody. An uncontested divorce can be as simple as drafting the divorce decree, obtaining you and your spouse’s signature on the decree, and quickly proving up the divorce decree in court. A contested divorce matter will require several court hearings, mediation, and possibly a trial. Even in a contested divorce matter, a top divorce attorney in Houston will guide you through the process in the most efficient manner.

4. Will this process be expensive? This depends on three things: 1) the amount of conflict between you and your spouse, 2) the complexities with your case and 3) the manner in which you choose to dispose of your divorce.

Amount of Conflict: I always ask my clients these questions to help them understand how their conflict can impact their divorce:

• “Are you willing to compromise?”
• “Can you and your spouse work together?”
• “Does your spouse trust you?”

If you answer no to any of these questions, most likely we have a long road ahead of us.

Complexities of your case: There are many factors that can add to the complexity of your case including:

• Length of the marriage
• Whether you and your spouse have significant assets and debts
• Whether domestic violence or substance abuse has played a role in your marriage

Divorce Method: Mediation is an alternative to taking your case to trial. If you and your spouse can settle your divorce in mediation, you will save a ton of money. During mediation, you and your spouse will have the opportunity to negotiate and reaching an agreement that you are both comfortable with. On the other hand, there is a lot of work that goes into prepping for a trial: discovery, depositions, trial preparation, and much more. These fees can add up quickly and you can easily accrue several thousand dollars in attorney’s fees.

5. What if my spouse doesn’t want a divorce? Texas is a no-fault divorce state which means that you are free to file for divorce on the grounds of insupportability. You do not have to allege any fault or blame to get a divorce. Your spouse may refuse to cooperate, try to evade being served with the divorce suit, or fail to file an answer. Your divorce can and will still move forward with or without your spouse.

The Quander Law Firm PLLC | Houston Divorce Lawyers

If you are considering divorce, a Houston divorce attorney at the Quander Law Firm PLLC can guide you through the process while protecting your rights and property. Contact the Quander Law Firm PLLC by calling (832) 930-7139 or submit your contact information through our online contact form. The Quander Law Firm PLLC handles divorce cases in Harris County and the surrounding counties.

1. Respond to the Lawsuit

Because your spouse filed for the divorce, your spouse is the petitioner and you are the respondent in this case. As the respondent, you must respond to the lawsuit by filing a written answer with the court to avoid having a default judgment entered against you. A default judgment can occur if you fail to respond to the lawsuit within the time specified by the law. If your spouse seeks a default judgment against you, the court may grant their request for support, property, and custody.

So when is your answer due? You must file your answer no later than the Monday following the expiration of 20 days from the date you were served. What that means is, when you receive your divorce papers, count 20 days from that date, and file your answer no later than the following Monday after the 20th day!!

2. Protect Your Rights

In Texas, all property acquired during the marriage is considered community property. Community property may include real estate, cars, retirement accounts, a business, furniture, and more. Depending on the length of your marriage, you and your spouse are bound to have acquired a significant amount of property together. You may have also had a significant amount of separate property prior to your marriage that you wish to remain as such.

At the dissolution of your marriage, it’s crucial for you take the proper steps to have your marital property divided in a just and right manner.

Additionally, if you and your spouse have any minor children, you want to ensure that your custody, visitation, and child support rights are addressed and protected. Chances are, you have had played a significant role in your children’s life and that relationship shouldn’t suffer because you and your spouse are divorcing.

3. Contact an Attorney Immediately

As soon as you are served with divorce papers, you should contact an attorney immediately. You don’t want to contact just any attorney, you want to make sure that the attorney you are considering is qualified to effectively represent you in your divorce. Your attorney will ensure that your answer is filed in a timely manner along with any counterclaims you may have against your spouse. The sooner you hire an attorney, the sooner you can begin strategizing an action plan for your divorce.

The Quander Law Firm PLLC | Houston Divorce Lawyers

If you have been served with divorce papers, a Houston divorce attorney at the Quander Law Firm PLLC can guide you through the process while protecting your rights and property. Contact the Quander Law Firm PLLC by calling (832) 930-7139 or submit your contact information through our online contact form. The Quander Law Firm PLLC handles divorce cases in Harris County and the surrounding counties.