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West University Family Law FAQ

  • Q:If I file for divorce today how soon can I be divorced officially?

    A:Unless there has been a recent finding of domestic abuse/family violence made against your spouse, you must wait until at least sixty days has passed from the date on which you filed for divorce for your case to be completed. This sixty-day waiting period is intended to act as a “cooling off” period for you and your spouse. You can utilize this time to negotiate a settlement to your divorce or even to work on reconciling and ending the divorce.

  • Q:I don’t have any money to file for divorce. Can my spouse pay my attorney’s fees?

    A:Yes. It is possible to ask the court for your spouse to pay your attorney’s fees. Bear in mind, however, that your spouse will likely ask for the same relief from the court. The judge in your case will review the circumstances that you are facing and decide of whether interim attorney’s fees (attorney’s fees during the divorce) need to be paid by your spouse. Additionally, attorney’s fees may be ordered as a part of your final decree of divorce.

  • Q:I need money to help pay for my kid’s food and other expenses during the divorce. Can I get that?

    A:Yes. Temporary child support is set as a part of the temporary orders in your divorce case. This child support figure will likely be based on the guideline amounts set forth in the Texas Family Code. A percentage of your spouse’s net monthly income will be paid to you through the Office of the Attorney General for child support purposes. You will then be able to negotiate with your spouse for child support again prior to the end of your divorce case.

  • Q:I think my spouse is cheating on me. What impact could this have on my divorce.

    A:A significant impact- depending on the circumstances of the cheating. If you allege that you are getting divorced from your spouse due to infidelity, then you will need to provide proof to a judge that the infidelity occurred and that it had a detrimental impact on your marriage or family life. In some cases, infidelity is not the “golden ticket” to a favorable result in your divorce that many believe that it will be. We recommend speaking to one of our attorneys about this prior to making assumptions about this subject.

  • Q:Can I start dating prior to my divorce being over?

    A:We don’t recommend it. Dating prior to the end of a divorce can put you into a situation where you are potentially spending community resources on a significant other which you can be ordered to pay back to your spouse in the divorce. Additionally, if you have minor children then your attempts to win primary custody or favorable conservatorship rights can be negatively impacted, as well.

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