FAQs

No. An attorney can draft the documents in a divorce for both parties to sign, but he or she can’t legally advise more than one of the parties how to proceed in the divorce.

Yes, in most cases the Court will require you to attend mediation prior to attending the final trial.

Once a divorce is filed in Texas and one party wants to go through with it, you can’t stop it from happening in the court system. Your only recourse is to convince your spouse to consider reconciliation.

The Texas Board of Legal Specialization, as established by the state, recognizes attorneys who do most of their work in one area of the law and meet annual requirements including a certain level of continuing legal education.

Attorneys who are not board certified in family law can handle divorce-related matters, but most cases involving complex asset division or difficult child custody situations have a board-certified family lawyer on one or both sides.

Either party in a Texas divorce can ask for and receive a jury trial, a unique feature of Texas law. But as a practical matter, judges hear most divorce-related matters, and jury decisions that are binding on the court are limited.

No. The Texas Family Code provides for spousal maintenance to be awarded to a spouse if your facts and circumstances meet the requirements as set in the code. Furthermore, you and your spouse may agree to contractual alimony depending on the division of your assets.

Not necessarily. Property in a divorce is divided in a manner that the judge deems “just and right.” In addition, the judge may look at projected future earnings of the parties, who’s at fault for the divorce, and other criteria in making a disproportionate division.

Most jurisdictions have a waiting period. In Texas, you must wait 60 days from the time you file until your divorce is final, even if the divorce is uncontested.

You can contact us at any of our office locations. If you don’t have a specific attorney in mind, one of the members of our staff can assist you with making an appointment and helping you select an attorney.

When you contact us either by email or telephone for an appointment, your information is kept confidential and is not shared with anyone outside of our office. We recommend potential clients use a secure email, or friend or loved one’s phone to contact our office if they are concerned about their spouse finding out about the consultation.

Just yourself. If you have access to your most recent financial statements or tax returns, bring those, but it is not necessary. During your consultation, your attorney will let you know what documents are needed and will discuss how and when to retrieve them.

First, you meet with your attorney. During that meeting, your attorney will discuss the options you have for moving forward with your divorce.

Depending upon the type of visitation schedule that you receive, you may have to pay child support. Child support is based on your income, how many children are before the Court, and pursuant to what is referred to as the “child support guidelines” in the Texas Family Code. Your attorney can calculate your potential child support obligation and discuss variables that may affect the amount you do (or do not) owe.

That depends on the facts of your case. In Texas, instead of “custody,” we use the terms “conservatorship” and “visitation.” Conservatorship involves what rights and duties a parent has, while visitation deals with the parenting time allowed with the children. The presumption in Texas is that both parents will be appointed joint managing conservators of the child. Both parents can be joint managing conservators without having equal visitation time with their child. There are multiple options of how these rights can be awarded, and it is important to discuss with your attorney how these can impact you and your children.

Yes, and it is becoming more common these days. Consult with an attorney to discuss the likelihood and strategy involved in obtaining 50/50 visitation in your particular case.

A biological parent has a constitutional fundamental right to direct the care, upbringing, and education of their child. The state or an individual with standing to bring a lawsuit can petition a court to terminate a parent’s rights. A parent can terminate their rights voluntarily. If the parent does not terminate their rights voluntarily, then a termination case would be filed against that parent. A termination case can be heard by a judge or a jury. There are numerous grounds to terminate a parent’s rights, however, the termination must also be in the child’s best interest.

Both private adoptions and those done through the Texas foster care system connect hopeful parents with children who need loving, permanent homes and families. Both options allow you to become parents with full legal rights to your child. When considering what type of adoption is the right fit for your family, there are several differences to take into account. Private adoptions and state adoptions can vary significantly in terms of cost, wait time, and more. Additionally, adopting a child through the foster care system is considered a public adoption. Our attorneys help foster parents navigate Department of Family and Protective Services requirements, and we represent foster parents’ positions at case conferences, appeals hearings, and court appearances.

After a closed adoption, no contact is allowed between the birthparents, adoptive parents, and child. Contact prior to the adoption is also not allowed. In an open adoption, all the parties can legally remain in each other’s lives post-adoption. All adoptions through the Texas foster care system are public.

First, the biological parents’ rights must be terminated before an adoption can occur. Inheritance rights from the biological parents can remain intact for the child. If the person adopting is married, their spouse must join in the lawsuit for the adoption. In Texas, a Jury cannot decide an adoption. Once an adoption is complete, the legal effect is that the child is a child of the adopting person as if that person was the child’s parent since birth. In other words, a born or adopted child is treated the same under the law.

The best interest of the child is a common legal standard that courts use to make rulings. They assess several factors such as:

• The child’s emotional and physical needs,
• The parental abilities as potential caregivers,
• Future plans for the child,
• Home stability,
• Parenting acts or omissions that suggest the parent-child relationship is unhealthy,
• Excuses for any acts or omissions of the parent, and
• The child’s desires (sometimes).

Each state has different laws regarding surrogacy. Our attorneys ensure that the laws of the surrogate’s home state (where the delivery will take place) complement the laws of the parents’ home state — including laws around same-sex parenting. The KoonsFuller team will work alongside your surrogacy agency throughout the process.

If the adopting spouses divorce, the adopted child is treated legally as a child of the marriage, just as if the child had been born to the adopting parents during the marriage. All of the laws regarding biological children would apply to an adopted child.

Most divorces are settled out of court by mediation or simply attorney-to-attorney settlement. The newest method of settlement, which completely avoids the courthouse, is collaborative law. Both attorneys and the divorcing parties vow beforehand to do everything possible to reach a settlement. Sessions are private, and the process is meant to eliminate the rancor often associated with divorce.

No, because multiple cases may be set on the judge’s docket the same day as your case. Another case may be heard before you and your case may be reset for another day.