As a divorce attorney in Texas, the following common questions, especially during this COVID-19 Pandemic times, about getting a divorce are almost always asked by persons calling my office regarding a divorce matter:

How long does a divorce take?

Generally,  there is a 60 day “cooling off period” which starts on the day after your divorce petition is filed with the district clerk.   The 60 day waiting period is applicable if the person has an uncontested divorce.

What is an uncontested divorce?

An uncontested divorce is a divorce case where the parties are going to agree on all terms of the divorce including property division, custody, support, and sometimes division of retirement accounts.

Can I get a divorce and do the custody later?

No.  The Divorce proceeding must include children born of the marriage.   The divorce must include all property division and conservatorship of the children.

Does my spouse need to get an attorney?

No.  If you and your spouse are going to do an uncontested divorce and your spouse will sign the final divorce documents,  the other spouse does not need to retain and incur legal costs for an attorney.

Can I get married immediately after the divorce is final?

Yes and No.   A divorce is like any other judgment.  There is a 30 day appellate period for the party to appeal the judgment.   However, both parties can agree and include in your divorce decree that the 30 day waiting period to get remarried will be waived.

How expensive is a divorce?

It depends on the size of the community estate and whether or not the parties will entered into agreements.   Our fees start at approximately $1,200 for a divorce with no children, with no real property, and with the parties going uncontested.

Can I legally change my name back to my previous name?

Yes.  A divorce does allow for a legal name change back to the previous name.

I get calls every day from people who never conceived that the word “divorce” would be uttered by them or their spouse. Unfortunately in  today’s  world, we expect things to happen quickly including dissolving a marriage. We have lost the ability to be patient and try to work through our problems in a civil and considerate way.

Most people are shocked that their spouse has even considered filing for a divorce. Even worse is when a person is unexpectedly served with divorce papers. In a split second, all love…all civility…all caring…goes out the window. Your marriage turns into a living hell where the only objective is to hurt the other person more than they will hurt you.

If a divorce will be part of your future, don’t lose sight of your life. There is life after a divorce. There is life during a pending divorce. You must maintain a sense of respect and dignity. Communication is the key. Don’t stop the channel of communication between you and your spouse. What you don’t know will scare you more than what you know.

You will get past any crisis in your life. Keep in mind that if the “situation does not destroy you…it will only make you a stronger person in the future”. With the right attitude and maybe with the right attorney, you will succeed in enjoying life again.

Roland Barbosa, attorney and counselor at law