FREQUENTLY ASKED FAMILY LAW QUESTIONS (FAQs)

1. How long does a typical divorce take? 

        If you and your spouse are in agreement about the divorce, and honestly have little to split and no children, the process should take little more than the statutory 60 day waiting period. Remember though, the key is if the two of you agree on all issues. If one party does not want the divorce, or contests the child support or visitation issues or disagrees about the division of assets, you cannot be divorced in sixty-one days, and the disputed issues will be negotiated or tried by the court in its normal course. An "uncontested" divorce, or more correctly, a divorce in which all issues are resolved, can be heard almost any morning on the uncontested docket of the court where the case is assigned. 

        In Harris County, the case is filed and assigned to one of the nine Harris County Family Courts. If the case is a modification of prior orders, it returns to the court where the original divorce was granted. (Modifications of Out of State Decrees include an additional step.) Within approximately three to six months of the day it was filed, the trial coordinator will send a scheduling order noting a trial date. It is, therefore, possible that if the case is not settled beforehand, your divorce may take up to nine months or longer if it is heard by a judge.

2. How long does a modification or paternity action take? 

        Although there is no statutory waiting period for modifications or paternity actions, the answers here is the same as for divorces. If it is agreed, the matter can be handled and submitted very quickly; if it is not agreed, it follows the same process as divorces.

3. Can my spouse and I use the same attorney? 

        It is unethical for one attorney to represent both husband and wife in a divorce action. I will represent one of the parties and the other party will be "pro", that is, representing him/herself. I can provide no legal advise, nor divulge confidential information to the pro she party, however I will follow the law and extend to the pro she party the same courtesies I would to opposing counsel.

4. How much does a divorce (modification/paternity action) cost? 

        This is one of the most frequently asked questions, and one of the most difficult for an attorney to answer easily. The answer falls squarely in the stereotypical lawyer-like answer: IT DEPENDS. There are so many factors in a divorce action that are unpredictable or over which the attorney has little control. Attorneys provide their skill and time. The longer an attorney has been practicing and the more expertise he/she develops in an area, the higher the hourly rate. Frequently, a legal assistant (at a lower rate) can answer basic questions, when the attorney is not available. 

        As a Family Law Board Certified Specialist with more than 31 years of legal experience behind her and a familiarity with the family court system, Ms. Fabio charges $300.00 per hour and her legal assistant, $125.00 per hour. We ask you to sign a contract with our firm in order for us to represent you and we require a retainer (in other words, a) the amount of which depends upon the complexity of the case, which is deposited into the firm trust account. We bill expenses and legal fees against that retainer. You will be billed monthly and each bill will be itemized with the professional fees and expenses. You may be asked to replenish the retainer fee during the course of the proceedings.

5. Do you take payment plans/credit cards? 

        Although each case is handled individually, it is generally not our policy to accept payment plans; however, we do accept, Visa, American Express, and Discover Card or Diner's Club. 

6. What is mediation and is it required in all cases? 

        The mediator is usually a lawyer who has taken special training to be a mediator (and even further hours to become a family mediator), who facilitates an agreement of all issues between the parties. Both parties will usually attend one or two mediation sessions and the cost of the mediator will be split. Often cases are settled without the need for a mediator; however, in contested matters mediation is required by nearly all Family Courts.

7. What is a Temporary hearing? 

        A temporary hearing is a hearing obtained approximately two to six weeks from the date of filing of the court action, in which the petitioning party requests the court to enter certain orders which will remain effective during the pendency of the action. The issues which are usually considered by the court at a temporary hearing are child support, visitation, spousal support, use and possession of certain property and interim attorneys fees. Certain injunctions (prohibitions against doing certain actions) will also routinely be granted.

8. What are Parenting Classes and why are they required by the Courts? 

        Parenting classes, offered by various organizations, are usually four hours long and present tips and skills to aid in coping with situations which often occur during and after divorce. They are relatively inexpensive, meet at convenient times and are worthwhile. A certificate of completion is provided so that it can be presented to the Court. Attendance is a requirement for families with children in most Courts, who believe that it provides parents with insight on helping them and their children cope with the divorce.

9.  What is the difference between Community Property and Separate Property?

    Texas law presumes that all property acquired during a parties' marriage is community. It is the responsibility of the person asserting a separate property claim to prove by "clear and convincing evidence" that certain properties are the separate property of the individual and not subject to division by the court.  Separate property is that property which was acquired before marriage, acquired during marriage by gift or inheritance, or moneys received for pain and suffering from a personl injury.  Ms. Fabio is experienced and familiar with the types of proof and tracing necessary to substantiate separate property claims.

10.    One party has substaintial retirement benefits or a pension plan and the other party does not have one. How is that handled?
    
    Retirement benefits or pension plans are part of the estate that is considered for division in a Divorce;  A special document,  called a Qualifed Domestic Relations Order (QDRO), is prepared to direct the employer to create a separate account for the receiving spouse for the pupose of allowing that sum to be accumulated in that person's name.

CALL MS. FABIO FOR ANSWERS TO YOUR OTHER FAMILY LAW QUESTIONS