FAQs About Divorce And Family Law
I am attorney Lester K. Reed, and I represent divorcing clients in Fort Worth.
Divorce brings unique challenges and questions. Here, you’ll find answers to some common questions people have about the divorce process.
The court and judge assigned to the case are set in stone. Judges are reelected every 4 years and may be replaced by a newly elected judge. In extremely rare situations, a judge may be found to have such a severe conflict of interest or bias that the case can be moved to another court. The better approach to avoid the uncertainty of a judge’s decision is to make the best agreement for settlement possible.
Can I buy a house during the divorce?
It is not wise to create new assets or financial obligations when you are trying to divide the current assets/debts. In some circumstances, such as by agreement or when the parties have significant financial abilities, the parties may agree to allow such a purchase.
Can I date during my divorce?
In Texas, parties are considered married until the divorce is granted; therefore, dating even after a divorce is filed can be considered adultery. Furthermore, the party’s conduct during the divorce can be considered by the judge in reaching a decision. If you are dating during the divorce, do not take your children around the boyfriend or girlfriend while the case is pending.
Can I take my children on vacation during my divorce?
Many counties in Texas have Standing Orders that contain specific injunctions regarding the removal of children beyond the state of Texas during the pendency of a divorce or custody case. Many of these Standing Orders specifically prohibit anyone from removing the children beyond the state of Texas unless you have a written agreement of the parties or a specific court order that allows you to do so.
Therefore, you can take your children on vacation, but you have to stay within the state of Texas, unless the other party agrees in writing and/or you obtain a court order that allows you to do so.
What if I do not want a divorce? Do I still have to hire a lawyer?
You should at least consult a attorney. A divorce in Texas can be granted even if one party does not want the divorce. Under those circumstances, you may still want to protect your interests and everything you worked hard for.
How much is my divorce going to cost me?
It is difficult, at best, and impossible, at worst, to predict how much your case is going to cost you. The amount of money spent on litigation depends on the complexity of your case and the issues involved. Furthermore, it can depend on your spouse and their legal team. If they raise additional issues that will drive up the costs of litigation, that may be out of your control. A good estimate based on prior cases with similar facts may be possible, but every divorce is unique.