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Divorce and Family Law Matters

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Family Law FAQ

Why should I hire an attorney to handle my divorce? Why can’t I do this myself?

  • Divorce can be challenging. It is in your best interest to have someone who knows your legal rights, and who will work to protect them.
  • Most clients benefit from an attorney who will appear in court on your behalf, will know what documents need to be on file with the court, and will be able to finalize the divorce. We have been hired many times to “fix” a self-made divorce decree.

How long does a divorce take?

It’s hard to know; every case is different. A divorce petition must be on file with the court for 60 days before the divorce can be granted, but factors such as child custody, child support , or property and financial distribution may affect the time and work it will take to finalize the divorce.

Does my husband/wife still get to visit with the children if he/she doesn’t pay the child support on time?

Yes. The court considers visitation and child support as separate issues and insists that these be handled separately. If the non- custodial parent does not pay child support timely, you may want to consider filing an enforcement action. If you are interested in changing the amount of time the children spend with the non custodial parent, you may want to consider filing a modification action. Just remember that it is the children’s best interest that will matter to the judge, not necessarily what the parent wants.

How often will I be able to see my children during the divorce?

In most cases, the non-custodial parent will have visitation under a Standard Possession Order. Unless the parties are willing to agree to a different visitation schedule, the following usually applies to families living within 100 miles of each other during the pendency of the divorce:

  • Visitation on the 1st, 3rd, 5th weekends of the month
  • Every Thursday evening during the school year
  • Generally speaking, thirty (30) days in the summer
  • Mother’s or Father’s Day
  • part of the child’s birthday
  • major holidays are split between the parties.

What are Temporary Orders?

While the divorce is pending, your attorney will obtain Temporary Orders, either by going to court, or by agreement, which will establish both parties’ responsibilities for and access to such things as: financial resources, personal property , if any, and payment of debts. If there are children involved, the temporary orders will also lay out custody, access, visitation and child support until the finalization of the divorce. The goal of the Temporary Orders will be to make determinations which are in the best interest of the children, and to maintain a healthy relationship between each child and both parents.

What is a Temporary Restraining Order?

A Temporary Restraining Order or “TRO” is a Court Order which, among other things, protects the parties financial assets. A “standard” Temporary Restraining Order is sought to prevent either party from draining the parties bank accounts. A TRO can be granted without prior notice to the opposing party. After the Temporary Restraining Order is granted, it is then served on the opposing party. The “standard” TRO is so common that many counties consider the parties subject to its terms merely by filing a divorce action.

What is a Protective Order?

A Protective Order is an order by the court when there are allegations of family violence. A Protective Order restricts an abuser from confronting the abused person, or their family members or friends, either in person, by telephone, or by any other means. The Police can enforce a Protective Order, meaning they can arrest the abuser who violates a Protective Order, and the abuser may be charged with a criminal offense.

Call 210-265-6277 NOW to schedule a consultation with attorney, Lisa A. Vance in San Antonio, Texas. Our divorce lawyers offer compassionate, experienced advice on family law issues including custody, child support, alimony and divorce. We also handle estate planning, probate, elder law issues, as well as animal welfare law.