Se Habla Español
facebook linkedin youtube

Divorce FAQ

At Brandon Wong & Associates, we regularly receive questions about issues related to divorce, and we work to ensure that our clients are fully informed about the divorce process, the laws that affect them, and the legal matters they will need to address. We can answer any questions you may have, including:

How Long Does it Take to Get a Divorce?

After filing for a divorce, the minimum time period in Texas to finalize the divorce is 60 days. However, unless the divorce is uncontested, that time frame is unrealistic in most cases.

What Is an Uncontested Divorce?

An uncontested divorce may be possible when both parties agree on all issues required to end the marriage. Generally, these issues relate to property division, payment of debts, and, if there are minor children, child support, child custody, and a possession schedule. The major benefits of an uncontested divorce are speed, efficiency, and lower costs.

How Much Does it Cost to Get Divorced?

In Texas, there are mandatory filing fees that must be paid in order to get divorced, and these vary by county. In addition to the filing fees, your attorney's fees will vary depending on the circumstances. There are a number of different factors that can affect the cost of the divorce, some of which will be beyond your control or your attorney's control. For example, the behavior of the other spouse or their attorney can either increase or minimize the costs of the divorce.

Why Do I Need an Attorney if Texas Is a Community Property State and Everything Is Divided 50/50?

While it is correct that Texas is a community property state, depending on the facts and circumstances of the case, the judge has the ability to make an unequal distribution of the community property. An attorney can help you determine whether the facts in your case are likely to warrant an unequal distribution of property. Additionally, it is not always simple to determine the value of the marital estate without the assistance of an experienced attorney.

What Will Happen With Our Children During Our Divorce?

Sometimes, parties will go into the divorce process with an idea or agreement on how issues related to their children will be addressed, such as which parent the children will stay with, the amount of child support that will be paid, how matters related to children's education will be handled, and a visitation schedule. If that is the case, the agreement of the parties will usually be incorporated into the divorce. However, if the parties cannot come to an agreement regarding the children, the judge will look at the facts and the "best interests of the child" when determining conservatorship, possession, child support, and the exclusive right to determine the residence of the child.

What Is the Standard Possession Order?

When determining how physical custody of children will be handled, Texas law provides a standard schedule that is presumed to provide a parent with a minimum amount of reasonable time with their children. The requirements of the Standard Possession Order (SPO) can be found in Chapter 153 of the Texas Family Code. The SPO is a basic possession order that the parties can use as a starting point for possession and access discussions. Even if the SPO is included in the divorce, the parties can agree to additional periods of possession.

What Is the Difference Between Spousal Maintenance and Contractual Alimony?

There are many differences between spousal maintenance and contractual alimony. The intent of spousal maintenance is to help a spouse acquire education and employment that will allow them to become financially self-sufficient. Spousal maintenance should be viewed as rehabilitative in nature in that it is limited in the amount ($5,000 monthly) and duration (10 years) that may be ordered. Spousal maintenance can also be modified, terminated, and enforced via contempt through a court order.

Contractual alimony must be agreed to between the parties in a divorce settlement, and the court has no authority to order contractual alimony. The benefits of contractual alimony are:

  • The parties can determine the amount.
  • There are no restrictions on the amount or duration of the payments.
  • The amount cannot be modified except by agreement of the parties.

When deciding between spousal maintenance and contractual alimony, it is important for the parties to understand the differences between the two options.

Can I Get Legally Separated From My Spouse? If We Have Been Separated or Living Apart for a While, Are We Divorced?

The short answer is no, because Texas does not recognize legal separation. The rules concerning community property will remain in place during the separation. However, if the parties do not want to get a divorce, Texas does allow for the parties to enter into a separation or partition agreement in which the parties can deal with community property and other issues that may arise.

Contact Our Bexar County Divorce Attorneys

At Brandon Wong & Associates, we strive to protect the best interests of our clients during the divorce process while working to minimize unnecessary costs. Contact our firm at 210-201-3832 for assistance with your divorce in Bexar or Kendall County.

Back to Top