My spouse has filed a temporary restraining order against me. Am I allowed to have contact with him or her?

• Generally Yes. Although the term “restraining order” in our everyday language suggests that you must stay 100 feet away from the subject of the order, in Texas a “protective order” serves that purpose. A temporary restraining order is an order that sets the ground rules for the parties’ behavior prior to an initial hearing. Among other things, the order will generally provide that neither party is to take the money and run nor should either party take the children and run.

How soon can my divorce be finished?

• The earliest that a divorce in Texas can be finalized is 60 days following the filing of the petition. The petition is the initial filing and can be prepared quickly.

My wife and I agree on everything. Can we file for divorce without an attorney?

• Parties with children should seriously consider seeking representation in a divorce even though the divorce is uncontested. A parenting plan in a divorce decree is intended to cover several future scenarios and remain in place until a child turns eighteen. A comprehensive, carefully executed decree can prevent disagreements or further litigation from cropping up in the future.

Can my husband and I both use the same attorney?

• No. One attorney cannot ethically protect both of your interests. However, it is common that only one spouse is represented. The unrepresented spouse always has the option to seek independent counsel to review a decree that our office has prepared before signing.

I don’t want to get a divorce but my spouse has filed. Can I keep this from happening?

• Unfortunately no. If one party requests a divorce then a judge must grant the divorce and render orders regarding the children and the marital estate.

How much am I going have to pay my spouse?/How much financial assistance can I expect from my spouse?

• The party who is the primary wage earner in the household is often ordered to pay a portion of the other party’s living expenses for a period of time until the divorce is final.
• Spousal maintenance or alimony following the divorce is limited to parties who have been married for at least ten years and meet additional criteria.

Can you help me with a legal separation?

• Texas does not recognize legal separation, although this is an option in other states.

CPS has not filed a lawsuit against me but I am under investigation. Can I retain at attorney at this point?

• Yes. You can retain us to advise you throughout the investigation process even though there is not a lawsuit filed against you.

I just moved to Denton County. Can I file for divorce here?

• In order to file for divorce, you or your spouse must have lived in Texas for 6 months prior to filing and in the county for 90 days prior to filing. Short absences from the county or state during these periods of time are acceptable.

I’m stationed in the military in Texas. Can I file for divorce here?

• Yes. Military personnel can file for divorce in Texas if they have been stationed in the state for 6 months and stationed in the county for 90 days prior to filing.