FAQs
Frequently Asked Questions
Marivonne Essex would like to answer all of your questions concerning divorce law in Texas. If you don’t see a question listed below, please contact the Essex Law Firm.
Frequently Asked Questions About Essex Law Firm
During your consultation, Marivonne Essex will review your case, discuss your legal options, and provide a clear understanding of the legal process. This meeting is an opportunity to ask questions and determine the best course of action for your situation.
If you are facing complex family law issues such as divorce, custody disputes, or adoption, having an experienced attorney can provide valuable support and improve the likelihood of a favorable outcome. We offer guidance throughout the legal process to protect your rights and interests.
While handling some family law matters independently is possible, having an experienced lawyer like Marivonne Essex can make a significant difference. Family law cases often involve complex legal issues and emotional challenges. A skilled attorney, such as Marivonne, can offer expert advice, navigate intricate legal procedures, and advocate effectively on your behalf. She provides personalized support, negotiates settlements, and represents you in court to ensure your rights are protected and your case is handled professionally. For the best outcome and peace of mind, consulting with a dedicated attorney like Marivonne Essex is highly advisable.
Marivonne Essex, known as The Red-Headed Lawyer, combines nearly 40 years of experience with a commitment to compassionate and strategic legal representation. Her unique approach focuses on understanding your needs and fighting for the best possible outcome.
The cost of hiring a family law attorney can vary based on the complexity of your case. We offer transparent pricing and work with you to understand the costs involved. Our goal is to provide value while ensuring you receive the best legal support.
For your initial meeting, bring any relevant documents related to your case, such as court orders, financial records, or other legal paperwork. This will help us understand your situation and provide more accurate advice.
Frequently Asked Questions About Divorce
We charge a flat fee, so our fees are tailored to your case. How many children you have, what size your community property estate is, whether your case is agreed or there are disputes; these are a few of the things which affect divorce cases.
Again, this is case-specific. In Texas, there is a 60-day statutory waiting period, meaning that from the date the divorce was filed, a divorce cannot be granted, even if the parties agree on all issues, until at least the 61st day after the filing date (there is an exception for protective order cases). However, all community property must be properly documented and the wages of the paying party documented if there is child support, so typically an agreed divorce takes about 90 days, which is the best case scenario. If the case is contested, meaning there is an attorney on each side and the parties have not agreed, the average is about 6-9 months. Custody disputes may take as long as 12 months.
I love that question. I answer, “Would you do your own dental work?” If you are SURE (and most people are not) that you do not have any retirement or 401k plans (no matter whose name the plans may be in) and have no children, you may be able to represent yourself. If you are willing to do lots and lots of research (online research is questionable) and paperwork yourself; if you can find your way through the maze of the particular court system you are in and can determine what the specific requirements are for that court; if you are willing to invest the time in appearing in court in at least one attempt to get the divorce finalized (a morning wasted, usually), then come back another day and only to be told there is another reason or another step you must take that you did not know about; IF, IF, IF. Lots of “ifs” where you may be taking off work and trying to navigate the maze of rules and courts; it quickly becomes not cost effective to try to do it yourself. Despite what people think, the internet does not have the answers because unless you are an expert, you cannot determine whether what you read on the internet is correct and/or applicable to Texas. A property division in a divorce decree is pretty much set in stone; almost impossible to undo once the divorce is granted. So, if you make a mistake and the language doesn’t give you what you thought you should get, you are out of luck. Children’s issues, while not set in stone, are costly to “fix,” and you may face a time limit during which no changes can be made. In representing yourself, as the saying goes, you have a fool for a lawyer. It amounts to being penny-wise and pound-foolish most of the time to try to be your own lawyer. I wish I had a $1 for every time somebody came into my office and asked me to “fix” a divorce decree that was done without a lawyer.
Lots of factors must be considered, but the most important, barring any alcohol or drug issues, is where the child is presently residing and with whom and, if the parents are still residing together, who has been the parent most involved with the children on a day-to-day basis. It is NOT based on gender, because our Texas laws bar the judge from using gender to decide who will be the custodial parent. Dads who have been very involved are just as likely to get custody as a Mom who has been.
Texas is a community property state. That means the divorce court if the parties cannot agree, divides the community property in a “just and right” manner. Community property is property accumulated during the marriage that a person did not receive as a gift or inherit in some manner. If a person owned property before marriage, that’s separate property, and the court cannot divide it; it stays with the person who acquired it before the marriage. If a person receives a gift or inheritance during the marriage, that’s separate property, and the court cannot divide it. A “just and right” manner, while it can take many variations, usually in Montgomery and Harris County, means a 50-50 split. Other factors can change this percentage, such as a long-term stay-at-home spouse who hasn’t worked in years and has no job skills and various other factors. Even then, the percentage doesn’t usually vary widely from 50-50. See our more in-depth article about property division in Texas divorce.
Frequently Asked Questions About Child Support
Grounds for modification are a material and substantial change in the circumstances of a child or a person affected by the order OR the passage of three years since the last child support order and a difference in monthly payment by either 20 percent or $100 from the child support guidelines.
If a noncustodial parent does not pay child support, he or she is subject to enforcement measures to collect regular and past-due payments. Enforcement can result in jail time or payment arrangements or one or several other forms of enforcing the court order. There is also a statutory 6% interest for past-due child support.
The maximum child support is calculated based on $7500 per month NET income (which is about $10,500-$11,000 GROSS income), and is $1500 for one child and $1875 for two children.
It is calculated based on a formula that takes a person’s GROSS income, subtracts certain items that are deductible for child support purposes, and the result is a person’s NET income for child support purposes. The child support is 20% of the NET income for child support purposes for one child and 25% for two. It is necessary to use the Attorney General chart each year to calculate the child support.
- Child support is based on a formula (see above).
- The formula is used by all the judges in Texas.
- It can be varied from but rarely is.
- Once a court order is entered for child support, wage withholding is mandatory.
- All payments are required to be made through the Child Support Disbursement Unit in San Antonio. There should NOT be any direct payments to the custodial parent.
What Does A Divorce Court Actually Do?
Divorce courts usually do only two things, although those two things can take many forms and range from quite simple to extremely complicated. The two things are, divide community property and make orders regarding children who have not yet turned 18 (the court’s jurisdiction over a child ends when the child turns 18, except child support, which ends either at age 18 or when the child graduates from high school, whichever comes last).
Community property is property accumulated by the parties during the marriage. Note that those items which were acquired before the marriage, or were given to a party, or which the party inherited are not community property. It is the burden of the person claiming property is not community to prove that it is not.
Regarding children, judges give the parties a label – usually but not always “Joint Managing Conservator;” decide the rights and duties of the parents, such as which parent the children will reside with, who has the right to take the children to the doctor or psychiatrist, etc.; and various other rights and duties; determine child support, which is usually according to a formula prescribed by the Texas Legislature; and decide visitation for the non-custodial parent. In addition to the two things mentioned, the Courts also, as a result of fairly recent litigation, may order post-divorce alimony (known in Texas as “maintenance”) for either party. As Texas is what is known as a community property state, alimony is still rare in Texas and the rules under which a Court may order it are quite restrictive.
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