This month’s column focuses on family law and divorce and was written by Allison Jones. Ms. Jones is a family lawyer located in the Heights at 1526 Heights Blvd., Houston, Texas 77008 – (713) 861-7777. Ms. Jones operates the law firm of Allison Jones & Associates, PC which has several great family lawyers with years of experience. Any question regarding the subject matter of this column should be directed to Ms. Jones at the information above or her email address:

Q. How soon can my divorce be finalized?

A. If an agreement is reached, your divorce can be finalized on the 61st day after filing the Original Petition for Divorce. If no agreement is reached, it usually takes 8 to 12 months to reach a trial and have a judge decide how to divide the marital estate and children’s issues.

Q. Is there such a thing in Texas as legal separation?

A. No, but many couples are entering into post nuptial agreements or partition agreements to define the rules while they are living apart. Such as who will pay the bills, whether support will be paid by one party, visitation for children, etc.

Q. Can my spouse be awarded property I had acquired before the marriage?

A. No.

Q. If I had retirement before the marriage, does my spouse get half?

A. No. The other spouse only gets 50% of what was earned during the marriage.

Q. Will I get to see my kids?

A. Yes, most non-custodial parents are awarded a Standard Possession Order, which states that visitation will be on the 1st, 3rd, & 5th Friday thru Monday morning of each month, every Thursday during the school term, alternating holidays & 30 days in summer.

Q. Can my spouse move the kids out of state?

A. No, the judge must decide.

Q. My spouse is having an affair, can I run him/her over with my car?

A. Absolutely Not!

Q. Is there common law marriage in Texas?

A. Yes, but there is no time limit involved for living together. Live together for a night and tell other people you are married - sometimes this is all that is needed to be common law married. Any claim for a common law marriage must be brought within two years of separating and the process can be expensive and time consuming. In short, if you want to marry, you should do it officially.

Q. I am a grandparent, can I have any visitation with my grandchildren?

A. Grandparents’ rights to access are limited by the Texas Family Code. A grandparent must proceed to request access to grandchildren through an existing divorce or modification action.

Q. How much child support will I have to pay?

A. 20% for 1 child, 25% for two children, 30% for three children, 35% for four children and 40% for five children. The percentage is calculated on the net monthly resources of the person who is to pay the support.

Q. I was divorced 5 years ago and my ex-spouse got a great salary increase. Can I get more child support?

A. Yes, it is called a Petition to Modify.

Q. My spouse incurred $70,000 in debt during the divorce, how does the Court address this?

A. The Court will determine the reason for the debt, the use of the funds, and to whom to apportion the debt at the time of divorce.

Q. What is separate property? What is called community property?

A. Separate property is property owned or claimed before marriage, property acquired during marriage by gift, devise (awarded in a will) or descent (by operation of law) and recovery for personal injury sustained during marriage, except any recovery for loss of earning capacity during marriage. All else is community property.

Q. Can my spouse pay for my attorney’s fees during a divorce?

A. A Court may enter an Order requiring one party to pay for some or all of the other party’s attorney’s fees, under certain circumstances.

Q. What is mediation?

A. Mediation is a process by which parties, either represented by counsel or not, attempt to resolve their claims by the use of a mediator. A mediator attempts to bring about an agreement which settles all or some of the claims and issues in the case.

Q. Is mediation still mandatory?

A. Unless waived by the Court, mediation is mandatory before trial.

Q. What is collaborative law?

A. Collaborative law is a relatively new process by which parties and their attorneys attempt to resolve their claims by meetings and informal exchange of documents and discovery materials, in order to avoid the necessity of trial and the expense of litigation. If negotiations break down, the attorneys who represent parties under a Collaborative Law Agreement must withdraw and cannot represent their clients if the case is converted to litigation status.

Q. What is an Ad Litem?

A. An Ad Litem is a person appointed by the Court to represent the interests of a child, a party whose whereabouts are unknown, or any party who is under legal disability and cannot represent him or herself.

Q. Who pays for the Ad Litem’s Attorney’s fees?

A. The Court generally decides how to apportion payment of Ad Litem’s fees.