Helping Parents and Children Survive Divorce

Our Houston Divorce Lawyers and Family Law Attorneys at The Rudisel Law Firm, P.C. know that usually no one "wins" a divorce. A costly, nasty court fight can make sure everyone involved loses.  At The Rudisel Law Firm, P.C., our goals in Texas family law cases are:

• Educate the client about the complexities of Texas family law and court procedures.

• Encourage settlement and mediation.
  

• Control legal costs and charge reasonable fees to keep your divorce affordable.

• Fight only if necessary to protect the safety of children or to obtain a fair property division.

• Treat everyone with dignity and courtesy
  

How much will my divorce cost? 

This will depend on multiple factors of your case such as property disputes, , protecting assets and/or going to trial. Costs can vary with most Houston divorces being between $1,500 and $25,000. However, the more issues resolved between yourself and your spouse without the assistance of a lawyer, the cheaper your divorce will be. Further, in most cases we first encourage mediation rather than court intervention in an effort to minimize costs and make your Houston divorce affordable.

How long will my divorce take?

After the filing of the Original Petition for Divorce with the court, the court cannot grant the divorce for at least 60 days-- a "cooling off" period in the Texas laws.  However, the divorce may take longer if the parties are trying to work out the terms of the divorce, such as property division, custody of children, , etc. If an agreement is not able to be reached, either party may schedule a hearing at any time after the 60 day waiting period. At this hearing the judge or jury will hear from each side and decide the issues that are not agreed to. It is our experience that an "average" Houston divorce takes between six to nine months.

How will my husband or wife be served with the divorce papers?

A constable or private process server will usually hand deliver the divorce lawsuit (and perhaps a temporary restraining order) to your spouse at work or home. You may request that the papers be delivered at a specific place or time. Usually, service of divorce papers when children are around is avoided. In some cases, the divorce papers can be mailed to your spouse, especially if he or she will agree to sign a waiver of service.

I have been served with lawsuit paperwork . . . what do I do now?

If you have been formally served with paperwork notifying you of a lawsuit, you should contact an attorney immediately to schedule a consultation. If you fail to file an Answer to a lawsuit within a timely manner, a default judgment may be entered against you adversely affecting your rights.

What are Temporary Orders?

One or both of the spouses may need court orders immediately after filing for the divorce to determine how the parties finances and/or relationship with the children will be handled until the divorce is final. These Temporary Orders potentially include child custody, child support, visititation, temporary alimony, or provisions as to who pays what debts while the divorce is pending and who has the right to temporary use of the house and other property. If you believe you need Temporary Orders, speak to your Texas family lawyer about it at the time of your first appointment.

I just moved to Texas . . . when can I file for divorce?
Before filing for divorce, at least one of the parties must be a Texas domiciliary (i.e. resident) for at least six (6) months and a resident of the county where he or she files for divorce for at least the preceding 90 days.

Who gets the house and who has to move out?

You and your spouse should decide who leaves and who stays. If you cannot agree, then the only legal option is to file for divorce and let a judge decide. It can take several weeks to get in front of a judge to decide such issues once a Houston divorce petition is filed.

Except in certain cases involving family violence when a protective order is sought, a Texas family court judge will not force someone to move out of the house without a hearing where both sides can be heard. This means that for a few weeks, you may be sharing the house with the spouse you are divorcing. This can be very awkward or even dangerous, so it might be best to temporarily move out and stay with a friend or family member until your court hearing. If you do so, the Texas family judge can order that your spouse move out and allow you to move back in.

In virtually all cases, the judge will order that one of the spouses will have exclusive use of the house on a temporary basis while the divorce is pending. Later, the house will be awarded to one of the spouses or sold.

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