Name: Cheryl A. Wulf - Family Law Attorney
Price range: $$

Can I ask for drug and alcohol testing?

If you or your spouse have a good reason to believe the other is using drugs or abusing alcohol then the court can require testing. Please keep in mind that when the court orders drug testing they usually always order both parties to be tested.

Do I have to attend court for an uncontested divorce?

It will depend on your specific case. If there are children, then yes at least you or your spouse will be required to go to a final hearing. If you do not have children, then depending on what court your case is in will determine the need for you to attend the final hearing.

Am I entitled to my spouse’s retirement?

Each case is different but generally, you may be entitled to retirement funds earned during the course of the marriage. These funds will be treated as community property.

Can I make my spouse pay for my attorney fees?

I personally can’t make your spouse pay for your legal fees. I can request that the judge order your spouse to pay for attorney fees. The judge will consider serval different factors when deciding whether or not to make your spouse pay for your legal fees.

Can I have my divorce decree changed?

If your case meets the eligibility requirements then you may be able to have your final order modified.

Will the judge allow a week to week custody order?

If the parents are able to and the judge finds it to be in the best interest of the child the court can allow a week to week custody schedule. This is becoming more and more common. An important factor is this is that the parents must be able to effectively co-parent.

Will the judge speak with the children?

If you have a child over the age of 12 you can request that the judge speaks with the child regarding the child’s preference.

What is community property?

Community property is any property acquired during the marriage. This can include houses, cars, stocks, bank accounts, and retirement plans. Texas is considered a community property state which means that property received during the marriage is considered part of the community estate. If either party wished to claim that certain property is not considered community property, the burden will be on them to prove their claims.

Can I get a divorce online?

No, you can’t get a divorce online. Your divorce must be filed with the District Clerk in your county. Your divorce will be assigned to one of the family law courts in your county. There are some companies that offer divorce forms for a small fee. I strongly discourage anyone from using these forms as many of them are not specific for Texas. In short these forms can often cause more headaches and cost than an attorney would from the start.

How Long does a divorce take?

In Texas, there is a mandatory waiting period of 60 days before a divorce can be finalized. The 60 days start at the time of filing with the District Clerk in your county. Under special circumstances such as a conviction of family violence or an active protective order due to family violence, this 60 days may be waived. An annulment does not require the 60 day waiting period. An uncontested and agreed divorce can usually be done right around the 60-day mark. A contested divorce will typically take a considerably longer time to complete. Depending on your specific case will be the greatest factor on how long it will take before the divorce is final.