Frequently Asked
Questions

The same attorney cannot represent both you and your spouse. The reason is that doing so would create a conflict of interest. Conflict of interest is a legal term that means there could be a clash of interests between two parties. For example, your spouse might want to divide your marital property differently or might have a different custody arrangement in mind for your children. You each need to have an attorney who will represent only your interests and not the interests of your spouse. Your attorney has the job of protecting your rights, keeping your communication confidential and being completely loyal to you.

Some states recognize legal separation, and in that sense couples can legally separate. However, Texas law does not include provisions for legal separation. Although, one of the grounds for divorce is that a couple has lived separately for at least three years. This would mean they have lived in separate residences. Living in a different room within the same house would not qualify as separate for this divorce ground.

If you and your spouse have negotiated an agreement that settles all of your issues regarding divorce, your attorneys can draft the settlement agreement, have you sign it and submit it to the judge. Some courts do not require the couple to be present to finalize the final divorce decree. Other courts might require one spouse to be present. There is no doubt that you can reduce the amount of time in court through an amicable divorce settlement. Under these circumstances, if you do have to go to court the hearing would be short. The judge might ask a few questions, but that would be the extent of the hearing.

If you and your spouse reconcile and decide not to divorce, you can request that the court dismiss your case. If only one spouse filed for divorce, that spouse would request the dismissal. If both spouses filed, then both would have to make the request. If only one spouse wants to drop the matter and the other wants to continue the divorce action, then the court would not grant a dismissal.

If you get a divorce through a pubic court, then your case becomes part of the public record and is not private. Any person can request copies of divorce filings and other public records. However, if you used mediation to resolve divorce issues, whatever came up during mediation would remain confidential. Also, Texas does provide the option for private trials. If you are interested in having a private trial, we can explain what it entails.

An easy way to change your last name is to make it part of the divorce decree. Once the judge finalizes the divorce, you can present the divorce decree to your local Social Security Administration Office for your name change.

You can request temporary orders for:

Courts must be impartial and treat fathers and mothers equally when granting custody. They grant custody based on the factors of the case and what is in the best interest of the child.