David Pickering Attorney at Law
Serving North Texas since 1973
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A  T  T  O  R  N  E  Y   A  T   L  A  W

F A M I L Y  L A W /  D I V O R C E  ~  P E R S O N A L  I N J U R Y  ~  C R I M I N A L  L A W  ~  P R O B A T E

6420 SOUTHWEST BLVD. ~ SUITE 102 ~ FORT WORTH, TX. 76107 ~ TEL 817.923.6500 
©David Pickering 2016
There is a mandatory 60-day waiting period, which is considered a “cooling off” period from the date the petition for divorce is filed before a final decree of divorce can be entered. At the end of the sixty days, a final decree can be entered if approved by all attorneys and parties; if no agreement exists at said time, a final trial date may be requested of the Court. The Court’s docket will determine how quickly that final trial date will occur. The 60-day period may only be waived if the Responding party was convicted of or received deferred adjudication for family violence or has an active protective order against them based on family violence during the marriage. Typically, it probably does not matter which party files first. However, filing first may strengthen a parties’ allegations against the other spouse with the Court, reflecting that such allegations were serious enough to force a party to seek divorce. Custody of the children in the home may likewise affect the decision to file first. A “contested” divorce is when there are issues between the parties, such as custody, child support, division of property, or debts, that a disposition of cannot be agreed upon between the parties. “Agreed” divorce generally means, ALL issues between the parties have been settled.      Texas has a recommended schedule for child support, based on the NET resources of the obligated party. It is presumed to be in the best interest of the child or children. It calls for 20% for one child, 25% for two children, and progresses upward with the number of children. The Court can deviate from the schedule for good cause if circumstances require and set the support higher or lower than the calculated amount per the Texas schedule.   Can I file for divorce if my spouse lives in another state? Generally, if a party establishes domicile in Texas and meets the residency requirements, a divorce can be filed here (in Texas) if jurisdiction over the other spouse can be obtained.   Custody of a child or children is governed by the “best interest” standard in Texas. The Court will appoint a spouse the sole managing conservator or joint managing conservator with the right to establish residence of the child that the Court finds is in the best interest of the child/children. Many variable factors of the parties and children will affect the decision by the Court.
FREQUENTLY ASKED QUESTIONS
817.923.6500
6420 SOUTHWEST BLVD.  SUITE 102 FORT WORTH, TX. 76107
How long does a divorce take?
Does it matter which party files first?
What is a “contested” divorce?
How does the Court figure child support?
How is custody of the child or children determined?
Serving North Texas since 1973
F
A  T  T  O  R  N  E  Y   A  T   L  A  W
©David Pickering 2016
There is a mandatory 60-day waiting period, which is considered a “cooling off” period from the date the petition for divorce is filed before a final decree of divorce can be entered. At the end of the sixty days, a final decree can be entered if approved by all attorneys and parties; if no agreement exists at said time, a final trial date may be requested of the Court. The Court’s docket will determine how quickly that final trial date will occur. The 60-day period may only be waived if the Responding party was convicted of or received deferred adjudication for family violence or has an active protective order against them based on family violence during the marriage. Typically, it probably does not matter which party files first. However, filing first may strengthen a parties’ allegations against the other spouse with the Court, reflecting that such allegations were serious enough to force a party to seek divorce. Custody of the children in the home may likewise affect the decision to file first. A “contested” divorce is when there are issues between the parties, such as custody, child support, division of property, or debts, that a disposition of cannot be agreed upon between the parties. “Agreed” divorce generally means, ALL issues between the parties have been settled.      Texas has a recommended schedule for child support, based on the NET resources of the obligated party. It is presumed to be in the best interest of the child or children. It calls for 20% for one child, 25% for two children, and progresses upward with the number of children. The Court can deviate from the schedule for good cause if circumstances require and set the support higher or lower than the calculated amount per the Texas schedule.   Can I file for divorce if my spouse lives in another state? Generally, if a party establishes domicile in Texas and meets the residency requirements, a divorce can be filed here (in Texas) if jurisdiction over the other spouse can be obtained.   Custody of a child or children is governed by the “best interest” standard in Texas. The Court will appoint a spouse the sole managing conservator or joint managing conservator with the right to establish residence of the child that the Court finds is in the best interest of the child/children. Many variable factors of the parties and children will affect the decision by the Court.
FREQUENTLY ASKED QUESTIONS
6420 SOUTHWEST BLVD. ~ SUITE 102 ~ FORT WORTH, TX. 76107 ~ TEL 817.923.6500 
How long does a divorce take?
Does it matter which party files first?
What is a “contested” divorce?
How does the Court figure child support?
How is custody of the child or children determined?
817.923.6500
6420 SOUTHWEST BLVD.  SUITE 102 FORT WORTH, TX. 76107
F A M I L Y  L A W /  D I V O R C E  ~  P E R S O N A L  I N J U R Y  ~  C R I M I N A L  L A W  ~  P R O B A T E