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Q1: How long will the divorce take?Answer: That depends on a lot of factors. The most important factor is how cooperative your spouse is. If your spouse is willing to sign paperwork which we provide him/her without hesitation or modification, and you have a firm idea of what you want in your decree, you can be divorced in just over two months. (Texas' mandatory waiting period is 60 days from the date of the filing of the petition) If your spouse is not cooperative, then finalizing a divorce may take more than a year. But Andrew J. Bolton, Esq. will do everything he can to keep your case moving as quickly as possible. We understand that this is a difficult period in your life, and want to assist you in putting it behind you. Q2: How much will the divorce cost?Answer: Unfortunately, the answer to this question is not simple. Although Andrew J. Bolton, Esq., offers a flat fee for an uncontested "waiver" divorce, there is no way to estimate the cost of a contested case. However, we would be happy to sit down with you and discuss the matter with you at either our Huntsville or Woodlands locations. That way, we can give you a quote based not on averages, but on the facts of your individual case. Q3: How much will I get in child support?Answer: Texas has guidelines to assist the Court in setting child support. As a general rule, child support is 20% of the first $7,500 per month of after-tax income is assigned for the first child, and 5% for each additional child, up to five children. There are exceptions, however. And there are other considerations (like additional children which are being supported) and potential special needs of the child, which factors may result in a different child support award. If you spouse is intentionally under or unemployed, then the Court will likely, with the assistance of counsel, "impute" an income to him or her. In this way, a neurosurgeon cannot quit the medical practice in order to take a fast-food job simply to avoid paying higher child support amounts. To find out the most likely child support award in your case, please contact our office at 936-435-1908 to schedule an appointment to meet with an attorney in our Huntsville, Conroe, or The Woodlands locations. Sugar Land or Stafford residents may call 281-723-2791. Try this child support calculator to get a rough estimate of child support in your case: http://www.divorcehq.com/calculators/texas-child-support-calculator.shtml Q4: I don't want a divorce, can I stop it?Answer: Ultimately, the answer to this questions is "no". If your spouse is determined to get divorced, they can. However, if you can make a compelling argument that the marriage remains workable, it is sometimes possible to have the court order you and your spouse to attend marital counseling to determine if divorce is truly inevitable. Marriage counseling may only delay the inevitable, however, it cannot ultimately stop a divorce. Q5: Can I get half of my spouse's retirement benefits in Texas?Answer: Retirement benefits accrued during the marriage are community property, and can be split by the Court at the time of divorce. However, there is no requirement that community property be split 50/50. That is why it is important to have an attorney on your side, to make sure that the Judge is aware of all the factors in the case that should affect the potential split of the marital estate. Andrew Bolton, Esq., will explore all the aspects of your divorce to insure that your rights are protected. Q6: Can a man get custody of young children in Texas?Answer: Texas law mandates that the judge not consider the sex of the parents when determining who should get custody of the children. The Court is supposed to consider only the best interest of the child. We have assisted parents of either sex to secure custody of their children when it is in their best interests. In order to determine how likely you are to prevail in a custody dispute, please contact our office and schedule an appointment to meet with an attorney in person at either our Huntsville, Conroe, or The Woodlands locations. Remember, in a custody case, you want a lawyer who will be realistic about your chances and not over-promise simply as a way of obtaining a fee.
Q7: When is it finally going to be over? Answer: As stated, divorces cannot be granted until a 60-day waiting period has elapsed. This does not mean that your divorce will be final on the 61st day, however. If the parties are not in agreement on any issue, and court intervention is ultimately necessary, then you should expect for a divorce to remain pending for several more months, if not in excess of a year. Experience shows that if all "I's" are not dotted nor "T's" crossed, then clients and their lawyers suffer equally. Counsel will want a divorce decree to be as accurate as possible before being submitted to the judge. |
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| Huntsville Office | Woodlands Office |
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242 I-45 S. |
21 Waterway Ave., Suite 300 |
| Sugarland / Stafford | |
| Located on Southwest Freeway 59 in the 5 story red brick building. Between Williams Trace and Dairy Ashford. Reach this office at: 281.723.2791 |
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