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FAQ Wills, Trusts, Special Needs

Rosenberg Family Law FAQ

  • Q:I haven’t seen my kids in months even though I pay child support. What can I do?

    A:Your next move will depend upon whether you have been to family court previously. If yes, then you would need to file a petition to enforce the terms of your child custody orders. If no, then you would need to file a Suit Affecting the Parent Child Relationship. The first case seeks to enforce the terms of an order that your co-parent is violating. The second case seeks to establish a parenting plan as part of a comprehensive order related to child custody and conservatorship.

  • Q:I don’t live in Texas anymore. Can I file for divorce there?

    A:One spouse needs to be a resident of a Texas county for a Texas court to have jurisdiction over your case. Since you live out of state that person must be your spouse. If your spouse has resided in Texas for the past 180 days and within a specific county prior the prior three months prior to filing the divorce, then you can file for divorce in that county. It is important for you to consult with a local, Texas attorney, however, when it comes to the ins and outs of filing for and obtaining a divorce in Texas.

  • Q:I’m wealthy and heading into my second marriage. Is a prenuptial agreement a good idea?

    A:Yes, and not just because you are wealthy. A prenuptial agreement seeks to establish how the property and debt in your life will be divided in the event of a future divorce between you and your fiancé. The document has no legal importance until that point. You can negotiate this subject with your fiancé now while the two of you are on good terms rather than during a divorce when that is less likely. You cannot contract for anything related to your future children (should you have any).

  • Q:Once I file for divorce do my spouse and I must complete the case by law?

    A:People do reconcile and mend the fences, so to speak, of their marriage once they file for divorce. However, this is not likely from our experience. Usually once that train leaves the station is chugs along until it reaches its destination. If you are in doubt regarding whether a divorce is right for you the best time to face that doubt is before filing for divorce. You can talk with your spouse about the issues of your marriage and see if he or she is willing to work these issues out whether it be between the two of you or in counseling.

  • Q:Can I get divorced without an attorney?

    A:Yes. There is no requirement under the law in Texas that you hire a lawyer to get divorced. With that said there are countless ways that an attorney can assist you in your divorce even if you consider your case to be “simple.” Negotiating through issues regarding your children, your property and your debts are standard issues in a divorce. Not to mention the sometimes-complicated process of filing, providing notice to your spouse and proceeding with the divorce according to the timeline set forth by the court. It is better to find representation early than to make mistakes along the way and find yourself having to hire an attorney to help during the middle of your divorce.

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