Divorce and the many issues surrounding it can be confusing. To clear up some of this confusion, the attorneys of Dwyer Law Firm offer answers to frequently asked questions.

• Is there a waiting period between when a divorce is filed and when it is final?
Jurisdictions usually have a waiting period. This serves either as a cooling off period or as a time to adjust your affairs to single life. Even if the divorce is uncontested, in Texas, you must wait 60 days from the time you file until your divorce is final. Back to Top...

• Are divorce actions matters for a judge, or can you have a jury hear the case?
Either party in a Texas divorce can ask for and receive a jury trial, a feature unique to Texas law. As a practical matter, judges hear most divorce-related matters and jury decisions that are binding on the court are limited. Juries are more common in child custody cases. Back to Top...

• What are my chances of gaining custody of my children?
It depends on the facts of your case. Joint custody is preferred in this state. If both parents were involved with the children during the marriage, joint parenting will be the presumption going into the case. There are many misconceptions about joint custody and it is very important to understand them before making a decision. Back to Top...

• Does joint custody mean each parent having equal time with the children?
It doesn't always. Joint custody means the sharing of parental rights and duties and not necessarily equal time. Back to Top...

• Will I have to pay child support?
The parent who does not have primary custody of the children will, in most cases, pay child support to the primary custodial parent after a divorce based on guidelines in the Texas Family Code, according to income. Back to Top...

• If my spouse wants a divorce and I don't, how
can I stop it?
Once a divorce is filed in Texas and one party wants to go through with it, you can not stop it from happening in the court system. The only way is to convince your spouse to consider reconciliation. Back to Top...

• What is the first step in the divorce process?
Once you've decided that divorce is the best thing for you, your attorney will file the divorce petition. The petition contains certain factual information about the parties, as well as grounds for the divorce. Due Texas being a no-fault state, the reason for the divorce usually is incompatibility. This means the parties have different interests and have grown apart and this condition is irreconcilable. Back to Top...

• Is mediation required in most Texas divorces?
In most cases, yes. Texas has the most intensive and progressivee use of mediation in the country. In 1987, four of the seven family district court judges in Dallas County began to order mandatory mediation in all divorce cases. Since then, most Texas courts have begun to require mediation before a family law case can be scheduled for trial. Back to Top...

• What's the first thing I need to do to build a winning divorce case?
Beside hiring an accomplished matrimonial law attorney, the most important thing you can do is to secure three to five years of financial records and anything else that might become relevant evidence in your case. Back to Top...

• How often is alimony awarded in Texas?
Although the Texas Legislature passed an alimony statute in 1995, very few people qualify. Unless you have no significant assets or means of support or you and your spouse agree to it, there will not be significant long-term alimony once the divorce is final. Back to Top...

• Can one attorney represent both parties in a divorce?
No. An attorney can draft the documents in a divorce for both parties to sign, but that attorney can not legally advise more than one of the parties how to proceed in the divorce. Back to Top...

• If your case is scheduled to go to court on a certain date, are you guaranteed that it will happen?
No, because 10 to 15 cases may be on the judge's docket for the same day as your case. Another case may be heard before you and your case may be reset for another day. Back to Top...