Scoggins and Scoggins-Gámez represents clients in
Dallas, Collin, Kaufman, Rockwall, Denton and Tarrant
Counties.
Personal Attention & Affordable Legal Representation
| |
|
12225 Greenville Avenue
Suite 700
Dallas, TX 75243
|
|
|
1. What is the waiting period between when a divorce is filed and
and when it is final?
The waiting period ("cooling off period") in Texas is 60 days
and begins to run on the day the divorce is filed. The 60 day waiting period applies
even if the divorce is uncontested.
2. Can one attorney represent both parties in a divorce?
No. The attorney can only
represent one party. While the attorney can draft documents for both sides to sign, the
attorney can only give legal advice to one party.
3. What do I do if I am served with divorce papers?
Once you are served by a sheriff,
constable, or private process server, you have until the first Monday (10:00 A.M.) after
the expiration of 20 days to file an answer with the court.
4. If I am being denied visitation with my children, do I still have to pay child support?
Yes. The obligation to pay child support is not tied to your right to see your children.
The proper remedy is to file a possession and access enforcement action.
5. Can I stop my spouse from getting a divorce?
No. There is not a way to prevent
your spouse from obtaining a divorce. Your only option is to try and reconcile.
6. What is the difference between Community
and Separate Property?
In Texas it is
presumed that all property acquired during marriage is community property. Separate
Property is property acquired before marriage or during marriage by gift or inheritance.
Personal injury recoveries can be separate property.
7. How is Community Property divided?
Texas Courts divide Community Property in a
"Just and Right" manner. This can result in the court awarding more Community Property
to one spouse because of factors such as difference in earning capacity and education,
fault in breakup of marriage, age and health of parties, separate property of either
spouse, and any special needs of the parties.
|
| |
|
|
|
|
