Barbara Runge - Attorney at Law

1. How soon can a divorce be granted in Texas?
The Original Petition must be on file for at least sixty (60) days before a divorce can be granted. The sixty (60) day waiting period allows the spouses a "cooling off" period to see if they can work out their differences and, also, to determine if the wife is expecting a child.

2. Must one prove fault of the other spouse to obtain a divorce in Texas?
No. Texas is a no-fault state and one spouse can seek a divorce on the ground of insupportability, indicating to the Court that the parties cannot live happily together.

3. In collaborative law cases, what is required?
The parties agree to work with their attorneys to resolve their case without court intervention. Once the collaborative law order has been approved by the Court, the parties have up to two years to settle all matters between themselves, without Court intervention, court hearings and/or a trial.

4. Can the Court order one spouse to pay temporary spousal support and/or temporary child support to the other spouse during the pendency of the case?
Yes.

5. Can the Court order post-divorce spousal maintenance?
Yes, in certain circumstances, for up to $2,500 per month for up to 36 months (maximum of $90,000). The general purpose of the spousal maintenance is to allow the nonworking spouse, without sufficient funds, to obtain training and skills in order to return to work.

6. Can the Court order post-divorce alimony?
No, not unless the parties agree to post-divorce contractual alimony. This type of alimony is typically deductible by the payor for IRS tax purposes and includible in the payee's income for IRS tax purposes.

7. How is child support calculated?
Texas applies child support guidelines which have been established by the Texas Legislature. Although the Court can vary from the guidelines for certain reasons, typically the Courts apply the guidelines.