- Can I file for legal separation?
- Can my spouse and I mediate and settle our divorce without an attorney?
- How long will it take for me to complete my divorce proceedings?
- Can a child who is 12 years of age or older decide with which parent he or she wants to live?
- My husband has not been paying child support. What should I do?
Q: Can I file for legal separation?
A: Legal separation is not recognized in Texas. In order to separate legally, you must file for divorce.
I always encourage my clients to file for divorce if there is any kind of family violence or emotional abuse. After filing an original petition for divorce, the client can have a hearing to determine who has temporary possession of the house, car, and boats, but more importantly, who has temporary custody of the children.
Once these details are sorted out, the couple can attend counseling or anger management classes and attempt to save the marriage relationship.
Q: Can my spouse and I mediate and settle our divorce without an attorney?
A: No. A mediator is a neutral third party whose job is to facilitate communication between you and your spouse so that you can negotiate and reach an agreement. Since the mediator must remain neutral, he or she cannot give you legal advice regarding your rights or favor your preferences over that of your spouse.
There are several reasons why you and your spouse will each need an attorney during a divorce mediation. An experienced attorney can advise you on legal issues, help protect your rights, and help you make decisions regarding how and when to compromise. In addition, you will want an attorney to assist in preparing and reviewing the final written agreement to ensure it accurately reflects the agreement reached by you and your spouse. Finally, the court must approve this agreement for your divorce to become final, and an attorney can facilitate the approval process.
Q: How long will it take for me to complete my divorce proceedings?
A: After you file a petition with the court to initiate divorce proceedings, Texas law requires a 60 day waiting period before the court can finalize your divorce. Typically, however, divorce proceedings take four to six months to complete. The actual amount of time will vary depending on the specific issues that arise between you and your spouse, such as whether you can agree on and settle issues relating to child custody and asset division.
Q: Can a child who is 12 years of age or older decide with which parent he or she wants to live?
A: No. As of September 1, 2009, a child who is 12 years of age or older may no longer file a written preference with the court choosing with which parent he or she wants to live. However, the child may still express a preference, which the court may take into consideration in making a determination as to what custody arrangement will promote his or her best interests.
Q: My husband has not been paying child support. What should I do?
A: Texas takes the failure to pay child support very seriously and provides numerous enforcement remedies. If your husband has not been paying child support, he may be in contempt of court, and you have the ability to recover back payments and ensure future compliance. An experienced attorney can help you understand your options so that you and your child can start receiving support payments as soon as possible.
Seek Experienced Legal Counsel
At the Law Office of Judy Harris Meeh, P.C., we have been representing clients in family law matters since 1997. Named as a 2007-2008 Top Family Lawyer by H Magazine,Judy Harris Meeh has been through divorce herself, and understands the emotional strain families experience during this difficult time. If you and your family are facing family law challenges, contact us today for a free consultation to discuss your legal options in a supportive environment.
