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Divorce FAQ

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, in most cases that time frame is unrealistic.

What is an uncontested divorce?

An uncontested divorce is 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 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, which vary by county that must be paid in order to get divorced. 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 spouse’s 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 or not the facts 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 happens to our children?

Sometimes that parties will go into the divorce with an idea or agreement on the issues related to the children, such as which parent the children will stay with, child support, education, and a visitation schedule. If that is the case, the agreement of the parties will 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 look at 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?

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 the spouse acquire education and employment that allows her 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) of the support payment. Spousal maintenance can also be modified, terminated, and enforced via contempt through a court order.

Contractual Alimony must be agreed to between the parties as the court has no authority to order contractual alimony. The benefits of contractual alimony are:

1. The parties can determine the amount;

2. There are no restrictions on the amount or duration of the payment;

3. The amount can’t be modified except by agreement of the parties;

4. The paying party receives a tax deduction while the receiving party must claim the payments as income

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 or we have been separated / 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 still be 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.

At MARVEL & WONG, PLLC, we strive to protect the client’s best interest when getting a divorce while attempting to minimize unnecessary costs. Contact MARVEL & WONG, PLLC for assistance with your Divorce in Bexar and Kendall County.

What Our Clients Say

Ms. Marvel has assisted me regarding child support issues for the last 3 years. She is very knowledgeable in child support issues in Texas and also across state lines such as California. She came highly recommended to me by a fellow attorney, the highest compliment she can receive in my opinion. She is professional, responsive and gets the job done. Her staff is very helpful, returns calls and Karen and her staff are responsive to issues that arise. I highly recommend Karen Marvel to anyone seeking a family law attorney in Texas.
Karen Marvel is an excellent family lawyer, who presented at a legal conference I attended. I learned valuable information and tools from her that I now use to help my own clients. After the conference, I've called on her a few times when I needed her expertise in child support matters, and she was always willing to help. She is extremely well-respected in our legal community, and I highly recommend her services.
I recently hired Megan to represent me in my divorce. She was very easy to work with, responsive, and efficient. I was extremely impressed with her timeliness and was overall very pleased with her work. I would recommend her if looking for a divorce attorney...
I was very pleased with Megan's performance in court. She has been a blessing in our lives and single handedly changed our lives for the better . It was a very difficult case on my end and was brilliant with negotiations with OAG. I will always be grateful to Megan and wish the best of luck in future cases...
When I needed a lawyer I asked my coworkers for their recommendations. Three of my coworkers recommended Brandon Wong and they were very satisfied with his services. I contacted Brandon and he handled my divorce in a timely and efficient manner...
I have felt so important to Brandon since the day we first met. I had a million questions and worries, Brandon made me feel informed of all possibilities and confident in him.
Meeting you and having your professional and emotional help during the process of my divorce has definitely been invaluable. In the professional aspect, you are not only a brilliant attorney but you are reasonable, just, and fair. During the process of my divorce I found myself completely...
Brandon represented me in a child custody matter. He is professional, educated, informative and provided his services in an economical manner. He worked to obtain a settlement outside of the courtroom. When the case required a visit to court, his experience guided me through smoothly and ultimately delivered the decision in my favor...
Please don't hesitate to hire Brandon Wong. He genuinely cares about his clients. He protects his clients, he returns calls and e-mails, which is critical when you are in a situation where you need an attorney...
I would recommend Mr. Wong for his professional services. He was very attentive to my case, returning phone calls and emails before the end of every business day...
Brandon handled my divorce in a first class manner. He was always available to talk when I had questions or needed advice. He was a relentless lawyer and ensured that the settlement was fair and just...
I highly recommend Mr. Wong if you are looking for an honest and hardworking attorney who is more interested in properly representing his clients than making a quick dollar...
We received excellent legal help from Brandon Wong. Our family had a custody issue that had us spinning our wheels for a year due to the complexity. Brandon handled our case quickly and with heart. We felt genuinely cared for during the entire process and will continue to recommend him to anyone who needs legal help...
Brandon handled my divorce and made it easier than I could have imagined. He took care of everything, totally minimized the stress on me, and was extremely professional while remaining very approachable and compassionate...
Hired Mr. Wong to represent me on a child-support arrears enforcement case. Dad was ordered to pay child-support in 1991, and up until my daughter turned 18 years of age...

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Accolades & Achievements

Brandon, Karen, Megan Are Proud To Have Achieved The Following Legal Accolades for Exemplary Legal Service.

*Karen Marvel was recognized in Texas Monthly in 2008-2019 as a Texas Super Lawyer by Texas Super Lawyers (a Thomson Reuters service)

**Karen Marvel is Board Certified in Family Law by the Texas Board of Legal Specialization