Questions to ask San Antonio trial lawyers
FREQUENTLY ASKED QUESTIONS
for
Family Law Clients
Bexar county divorce lawyer, Texas temporary guardianship,Child support, Child custody visitation rights
Why should I hire an attorney to handle my divorce? Why can't I do this myself?
There are very few “simple” divorces. It is in your best interest to have someone who knows what your rights are under the law, and who will work to protect those rights. Most clients benefit from an attorney will appear in court on your behalf, will know what documents need to be on file with the court, and will be able to finalize the divorce according to the law. We have been hired many times to “fix” a self-made divorce decree.
How long does a divorce take?
It is impossible to determine how long your divorce will take, as each case is as different as the individuals involved. A divorce petition must be on file with the court for 60 days before the divorce can be granted, but factors such as child custody, child support, spousal support, or property and financial distribution may affect the time and work it will take to finalize the divorce
Does my husband/wife still get to visit with the children if he/she doesn't pay the child support on time?
Yes. The court considers visitation and child support as separate issues and insists that these be handled separately. If the non- custodial parent does not pay child support timely, you may want to consider filing an enforcement action. If you are interested in changing the amount of time the children spend with the non custodial parent, you may want to consider filing a modification action. Just remember that it is the children's best interest that will matter to the judge, not necessarily what the parent wants.
How often will I be able to see my children during the divorce?
In most cases, the non-custodial parent will have visitation under a Standard Possession Order. Unless the parties are willing to agree to a different visitation schedule, the following usually applies to families living within 100 miles of each other during the pendency of the divorce:
- visitation on the 1st, 3rd, 5th weekends of the month.
- every Thursday evening during the school year
- generally speaking, thirty (30) days in the summer
- Mother’s or Father’s Day
- part of the child’s birthday
- major holidays are split between the parties.
What are Temporary Orders?
While the divorce is pending, your attorney will obtain Temporary Orders, either by going to court, or by agreement, which will establish both parties' responsibilities for and access to such things as: financial resources, personal property, spousal support, if any, and payment of debts. If there are children involved, the temporary orders will also lay out custody, access, visitation and child support until the finalization of the divorce.
The goal of the Temporary Orders will be to make determinations which are in the best interest of the children, and to maintain a healthy relationship between each child and both parents.
What is a Temporary Restraining Order?
A Temporary Restraining Order or “TRO” is a Court Order which, among other things, protects the parties financial assets. A "standard" Temporary Restraining Order is sought to prevent either party from draining the parties bank accounts. A TRO can be granted without prior notice to the opposing party. After the Temporary Restraining Order is granted, it is then served on the opposing party. The “standard” TRO is so common that many counties consider the parties subject to its terms merely by filing a divorce action.
What is a Protective Order?
A Protective Order is an order by the court when there are allegations of family violence. A Protective Order restricts an abuser from confronting the abused person, or their family members or friends, either in person, by telephone, or by any other means. The Police can enforce a Protective Order, meaning they can arrest the abuser who violates a Protective Order, and the abuser may be charged with a criminal offense.