FREQUENTLY ASKED QUESTIONS ABOUT DIVORCE

How much does it cost to get a divorce?
An agreed divorce is the least expensive and a contested divorce is the most expensive. In both cases, you will pay a retainer fee and time expended on your case will be billed against the retainer. If additional time and expense are necessary, you will be invoiced at an hourly rate or asked to supplement the retainer.

How long does it take to get a divorce?
In Texas, the earliest a divorce would become final is 60 days after the filing of the Original Petition for Divorce. This will occur only if all the necessary paperwork has been agreed to and signed by both parties. This is the least expensive process.

If there are disputes as to assets, debts, children, child support, alimony, etc., the process can and usually does take much longer and become much more expensive.

What grounds or reasons are available for divorcing a spouse?
No fault divorce: In most states, couples need to only state that they cannot get along (incompatibility, irreconcilable differences or irremediable breakdown of the marriage). Couples generally split assets/debts equality or debts by ability to pay.

Traditional "fault" grounds for divorce: cruelty (inflicting unnecessary emotional or physical pain) - used most frequently, adultery, desertion for a specified length of time, confinement in prison for a set number of years, physical inability to engage in sexual intercourse (if not disclosed before marriage). At Fault divorces may result in the injured party receiving a greater share of the marital property or more alimony

Can a spouse successfully prevent a court from granting a divorce?

no fault divorce - No, one spouse cannot stop a no fault divorce.

At Fault divorce - A spouse can prevent at fault divorce by convincing the court that he or she is not at fault. Several other defenses to an at fault divorce may be possible:

A. Collusion: The couple could manufacture a story placing one spouse at fault for the break-up of the marriage. This is a deliberate plot to mislead the judge. If one spouse changes his mind, he could claim collusion as a defense.

B. Condonation: This is one spouse's approval of the actions of the other spouse. One spouse may have knowledge of the other's adultery and does not object to it (condones the actions). If adultery is then used in the law suit, the other spouse can argue that the behavior was condoned.

C. Connivance: Connivance is setting up a situation so the other person commits wrongdoing (entrapment). That person may argue as a defense that he was set up.

D. Provocation: If a spouse (for example) claims abandonment after creating the incident leading to the other spouse leaving, the divorce could be defended on the grounds that the abandonment was provoked.

Food for Thought: These defenses are rarely used – for a couple of very practical reasons. First, proving a defense may require witnesses and involve a lot of time and expense. Second, you efforts will likely come to nothing. Chances are good that a court will eventually grant the divorce because of the strong public sentiment against forcing people to stay married against their will. Your money and energy may be better spent elsewhere – say, on paying mutual debt or saving for the children's college education.

Disclaimer:

This publication and the information included in it are not intended to serve as a substitute for consultation with an attorney. Specific legal issues, concerns and conditions always require the advice of appropriate legal professionals.