Divorce

How soon can I get remarried?

The Texas Family Code says you have to wait at least 30 days after your divorce is finalized to remarry.  However, at the time of your divorce you can request that the Judge waive this 30 day waiting period.

Is there legal separation in Texas?

No, there isn't.  You can only file for divorce in Texas, not separation.  As far as Texas is concerned, you're married until you are divorced.

What issues are involved in divorce?

There are several issues involved in the divorce process and determining the issues involved is a fact intensive case by case analysis.  In general the issues of property division, support (spousal and child), conservatorship and visitation are what need to be addressed in the majority of cases.

This question is covered in more detail in the divorce seminar video. I recommend that you watch it to learn more.

We have settled everything, but my spouse won't sign the agreement. What do I do?

What happens next will depend on how the settlement was reached.  If the settlement is memorialized in a mediated settlement agreement or a Rule 11 Agreement, you can file a Motion to Enter with the court.  The Motion to Enter requests the court to sign the Final Decree of Divorce that reflects the the terms of the mediated settlement agreement or Rule 11 Agreement.  If a Motion to Enter is filed it must be heard by the judge.  You must give your spouse read more »

What if my spouse won't respond to anything related to the divorce?

Keep in mind that your spouse's lack of response won't stop you from having your divorce granted. In this situation, it's imperative that your spouse received formal notice of the Original Petition of Divorce. The safest way to insure a spouse was given official notice is by having him or her served by a sheriff's deputy, constable or private process server. Once this is accomplished and the 20 day answer period has lapsed, you can seek a default divorce judgment on the 61st day after filing for divorce.

What can I do if my spouse is violating the Temporary Orders?

If your spouse is violating the Temporary Orders that a judge issued in your case you may be able to file an enforcement action.  An enforcement action would require a court hearing and could possibly result in read more »

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Contact Information

Trusler Menduni PLLC
5300 Bee Cave Road
Building III, Suite 250
Austin, Texas 78746

Phone: 512.481.0330
Fax: 512.478.1906

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