Q How long will my divorce take?
A The average case takes about 4-6 months to be resolved. However, it is impossible to state with certainty how long your case will last. Variables such as your spouse’s behavior during the case, the court’s docket, the experience and reasonableness of the opposing counsel and your willingness to work with me to further your case all play a part in how long it will take to be over.
Q How much will my case cost?
A This is also impossible to say. A simple divorce (no children, no house, no retirement and no property) may be resolved for as little as $1,500 – $2,000. A complex divorce with numerous assets could run into six figures. The issues in your case and the variables described above all factor in to determining how much your case will cost.
Q I want a pit bull. Can you be mean?
A I can be as “mean” as the next guy. However, I have found over the years that what clients really want is for me to be effective in furthering their objectives and in resolving the case. I am effective.
Q I want you to kick my spouse out of the house. You can do that, right?
A On an ex parte (only one party being heard by the court) basis, you may obtain a kick-out order for your spouse or mate only in cases where family violence has occurred.
Q Can you take him/her to the cleaners?
A In Texas, there is a presumption followed by the court that a 50/50 property division is fair and equitable to both parties to a divorce. That said, in rare instances, a court will grant a party more than 50% of the community estate. When that happens, I consider it a home run.
Q I don’t want my spouse to be with our child every other weekend or for 30 days in the summer. Can you change that?
A Most parents who are sane, rational, non-violent people are going to be awarded at least a Standard Possession Order, if not more, by going to court. So, it is unlikely that your judge will grant your request to limit your spouse’s time with your child.
Q I want to move home to Minnesota with my child. Can I do that?
A Probably not. As long as the child’s other parent has been consistently involved in the child’s life or expresses a desire to be involved, the court will not grant your request to move out of state with your child.
Q Can you make him/her pay my attorney’s fees?
A In some instances, such as suing for unpaid child support, the court will grant your request for attorney’s fees from the other party. However, in general, the court has authority to award you attorney’s fees in only certain, specific circumstances.