Memorial Family Law FAQ
Q:I have a court date coming up but have not hired a lawyer. Do I still have to go to the hearing?
A:You should still plan on attending you are scheduled hearing even if you do not have an attorney yet. You can attend the hearing and tell the judge that you have not been able to hire a lawyer and it is possible that the judge will reset the hearing for a later date to allow you to find a lawyer. However, if you have previously told the judge the same story, he or she may refuse to delay the hearing in might hold a hearing on that date. Contact one of our attorneys immediately to learn about how we may be able to assist you In your scheduled hearing.
Q:Can I obtain a divorce from my spouse in the next week?
A:In Texas, there is a required 60 day waiting period from the date on which you file your divorce until a judge can declare you the legally no longer married. This is to allow you and your spouse ample time to either settle your case through the negotiation, reconcile with one another or begin the process of litigating your divorce through the courts. Exceptions to this general rule apply for situations where your spouse has been convicted of like crime related to family violence within the past two years. Otherwise, you should expect your divorce to last for at least 60 days in terms of duration.
Q:Can I get a divorce while I am pregnant?
A:You can file for divorce while you are pregnant. You can negotiate through the issues of your divorce while you are pregnant. However, a judge cannot grant your divorce until your baby has been born. The reason for this is that a judge would need to review any settlements you all make regarding that child in order to determine that they are in the best interests of the child. This cannot be achieved until your child is born. However, you can and should work to negotiate through the issues of your case that you are able to while pregnant to use your time efficiently.
Q:I want to get a divorce, but my spouse does not. Can I still move forward with the divorce case?
A:Yes. In Texas it only takes one spouse to move forward with the divorce case. In fact, you do not even need to state a particular reason why you and your spouse are getting a divorce for your divorce to be granted by a judge. You simply need to state in your original petition for divorce that due to a reconcilable difference and a conflict in your personalities, that your marriage is not able to continue. This is a no-fault divorce and is the most common reason provided by persons who will be filing a divorce in Texas.
Q:What is Community property?
A:Community property refers to the legal theory that all property in existence at the time of your divorce is presumed to be subject to division bio family court judge. Generally speaking, all property acquired during the course of your divorce, other than by gift or inheritance, is to visible in a divorce case. On the other hand, all property owned prior to your marriage either by you or your spouse is separate property and therefore is not divisible. Income earned from most sources During your marriage will be Community property, as well.