In all divorce actions filed in Denton County, like most counties in North Texas,
both parties are under a “Standing Order” that enjoins both parties from taking certain actions
with regard to marital property or behaving in a certain way with regard to the children. For instance, a
“residency restriction” is in effect upon the Court’s receipt of your filed divorce action.
Neither party to
the divorce are permitted to “remove the children from the State of Texas, acting directly or in concert with others,
without the written agreement of both parties or an Order” of the Court. This is just one of the many standing orders
handed down by the Court at the initial filing of your case.
Whether or not you should file a divorce action and how it is likely to proceed are questions we answer everyday
in our free consultations. The fact that you are visiting our website means you are considering divorce as an option,
and we understand that you are experiencing serious emotional ups and downs right now and have lots of questions.
Our job is to walk you through this ordeal and take the necessary steps so that your transition will be as smooth as possible.
Our experienced staff is ready to assist you in any way they can and we take pride in the close-knit personal relationships
that are established throughout our representation of you. In the meantime, we have taken the liberty of addressing a multitude
of questions you may have at this time and anticipate receiving your call so that we can meet your needs in this matter.
We understand that a divorce is a traumatic event, however, it is deemed even more so if there are children involved.
Their futures are at stake, and it is our job to ensure that both you and your child(ren) will receive the finest legal
representation that our firm has to offer. Every member of our legal team can empathize with being a parent and the love
that you have for your child(ren) and the desire you have to spare them unnecessary emotional trauma and pain, thereby
instilling a personal sense of duty and obligation to both you, your family, and your case.
Frequently Asked Questions on Divorce
- How long does it take?
A divorce cannot be finalized and granted by the Court until a period of 60 days has passed since the date of the
initial filing of the Original Petition for Divorce. This would be considered a “best case scenario.”
How long do I have to reside in Texas before I can file for Divorce?
You must reside in the State of Texas for a
period of six (6) months and live in your county for ninety (90) days to be eligible to file an Original Petition for Divorce.
If I’m pregnant, can I file for Divorce?
You may file an Original Petition for Divorce at any time throughout your pregnancy,
however, your divorce cannot and will not be finalized by the Court until after the child is born.
What is the difference between community and separate property?
Community property is all property or liability obtained during the marriage.
Separate property is property that was acquired prior to the date of marriage or
property obtained during ht marriage, for example, proceeds from a personal injury lawsuit, a gift, or inheritance.
What exactly is alimony and how do I get it?
Alimony is an allowance made to one spouse by the other for support after a Final Decree of Divorce is rendered by the Court.
In the State of Texas, alimony is granted in very few circumstances. You must have been married for ten (10) years and be
incapable of providing for your minimal reasonable needs. A spouse may be eligible for support if the person from whom they are
requesting spousal maintenance was convicted of, or received deferred adjudication for a criminal offense that also constitutes an
act of family violence.
What will happen to our kids?
In Denton County, the Courts will determine what is in the best interests of the child(ren) involved and typically
awards both parents what is called a “Joint Managing Conservatorship,” allowing both parents to have to be awarded
“Primary Custody” means that one of the parties will be the primary caretaker and will be responsible for designating
the child(ren)’s primary residence. There are several factors that the Court will need to take into consideration prior to
making this ruling.
What happens when he/she doesn’t comply with the Court’s orders?
When a party chooses to willfully disobey and/or disregard the Court’s instruction, this action is known as “Contempt.”
It is up to the Court’s discretion as to the punishment, however, it is typically a fine, jail time, or both.