How much will my visit cost?

First, we start with a free one-hour consultation. This gives us a chance to get to know you and your situation in a no-pressure environment. At the end of your consultation, we’ll be able to advise you on the next steps, how we can help and how much your legal representation will cost.

Who will get custody of the children?

In Texas, judges hear child custody cases to determine what is in the best interest of the child. That can be a complex decision with many factors, such as location, family history and even the opinion of the child in question. As your legal counsel, we will work hard to build a compelling case for you.

Why is divorce so complicated?

With a divorce, it’s not just a marriage that is being divided. The accompanying household is, as well. There needs to be a plan for all assets and children in the household, and that becomes a negotiation. This is where the expertise of legal counsel comes in. The right attorney will walk you through the process, beginning to end, so you know what to expect and what to fight for.

Will my spouse have to support me?

Spousal maintenance, as it is referred to in Texas, is monthly support payments that are intended to help with the receiving spouse’s minimum basic needs. Spousal maintenance can be ordered while a divorce is pending or post-divorce, if the receiving party can prove certain facts, such as family violence, disability, or the need to care for a disabled child. Spousal maintenance can also be agreed upon as part of the terms of a divorce. Your attorney will be able to advise you on whether you qualify.

Can I get a child support order changed?

Yes, it’s possible to amend a support order, and there’s a right way to do that. We can work with you to get that process underway. In the meantime, it is imperative that you continue under the arrangement the court has ordered and continue with all required payments. Otherwise, you could face legal ramifications, including jail time.

Do I have to go to court to get divorced?

Getting divorced does involve the court system to some extent, but that procedure can be straightforward if both you and your spouse can come to terms. Mediation is a great place to start. This voluntary process gives both of you the opportunity to air your grievances and work out your dispute privately, while saving the time and expense that comes with going to court. If mediation produces an agreement to end the marriage, it will still need to work through the appropriate legal channels, but at least the hard part — the dispute itself — will be resolved. Mediation is often the solution with the most potential to produce a best-case scenario for all involved, and it’s the avenue we try to pursue first whenever possible.

How can I protect my assets from divorce?

Think of marriage as a binding contract between you and your spouse. Once you are married, you as individuals become one household, and most assets are shared, in the eyes of the court. Unless you can prove a piece of property is truly separate — we can advise you on whether that’s the case — it will most likely be considered community property by default. That said, you can protect your assets ahead of time with a prenuptial or postnuptial agreement, but those agreements need to follow a strict format to hold up in court. Contact us for more information.

Do I need a separation before I can get divorced?

Legal separation does not exist under Texas law. So, while other states require that as a waiting period, here, you can move directly to divorce proceedings. Where the process goes from there comes down to how contentious the relationship is and what is included as part of the household, from children to assets and pets.

Can I represent myself in court?

We highly recommend you seek legal representation. Divorce is a landmark decision that can drastically impact your well-being for the rest of your life. It shouldn’t be a situation where you walk in and wing it. The laws and procedures that govern divorce are cumbersome and difficult to follow if you don’t study them for a living. At Proffitt & Associates, that’s what we do. We have decades of experience in the field and specialize in getting you the results you deserve.

Can I remarry before my divorce is finalized?

In Texas, you can only be legally married to one person at a time. So, when you file a petition for divorce, you still have to see it through before you can tie the knot with someone else. A divorce isn’t official until a judge signs a divorce decree, and even after that, you must wait 30 days before marrying again.