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| If you are considering
divorce read our pamphlet Handbook
For Divorcing Couples by George Clifton, Board Certified
in Family Law, and be sure and learn about "no fight divorce"
- a new way of getting divorced. The handbook is in Adobe® Acrobat
® format. You will need the Acrobat Reader to view and print the
handbook. To download the reader, visit
Adobe's web site. |
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If my husband and I can agree on everything, can we get a divorce without spending an arm and a leg? |
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Absolutely. Where both the husband and wife can agree on everything, including child custody, child support and division of the property, it becomes an uncontested divorce. Most lawyers that practice family law offer a flat rate for uncontested divorces, so call around. Be sure and ask if the rate includes the filing fee as some lawyers tack on other charges to the flat rate. In the case of a dispute on any of these marital issues, most lawyers charge a rate from $125 to $350 an hour and this drives the cost of the divorce up to the price of a new car for each of them depending upon how much fighting goes on. In other words, it’s up to the husband and wife to keep the costs down by working things out ahead of time. Remember that sooner or later they are going to have to do that anyway so they might as well do it before the lawyers get involved.
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If I get a divorce will I be entitled to get half of my husband’s retirement? |
In a no-fault divorce you are entitled to receive half of whatever retirement benefits have accumulated during your marriage. Those benefits are community property that need to be divided on divorce. If your husband worked for the company only while you two were married then you are entitled to half of all his benefits. If he was working for the company before you got married then you are entitled to half the benefits that accumulated during your marriage but no part of what accumulated prior to your marriage. If the breakup of the marriage was his fault because he abandoned you, committed adultery or a number of other reasons, the court can award you more than half of the retirement benefits. These rules also apply to other forms of investments such as 401k’s, stock option plans and savings accounts. Your family law attorney can examine what you have and give you a more specific answer as it applies to you.
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I am the father of a child and I never married its mother. Is there some way I can register that I am its father? |
The Texas legislature recently established a way for fathers to register their paternity by filling out a form provided by the Bureau of Vital Statistics. A notice of intent to claim paternity may be filed before the birth of the child but may not be filed after the 30th day after the date of the birth of the child. If you fail to file an intent to claim paternity within 30 days after the child is born you cannot claim any parental rights to the child without filing a paternity suit. If you do register, the mother can contest your paternity and you will have to file a paternity suit. If she does not contest your paternity then you are presumed to be the father of the child and the Bureau of Vital Statistics will keep your name on file as the registered father of the child. Understand that you will be responsible for paying child support for the child until it turns 18 or graduates from high school. If the child is disabled you may be responsible for supporting it the rest of your life.
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Copyright
Clifton Dodson Sortino, L.L.P. Information provided on this web site is done
as a service
and doesn't represent a commitment on behalf of Clifton Dodson Sortino, L.L.P.