Articles Posted in Kaufman County Divorce Lawyer

The best way to save money when getting a divorce is to agree on everything. If you do that, it’s just a matter of paperwork and a little bit of court time for the attorney(s). When spouses can’t agree, that’s when a divorce can get drawn out and expensive. So if you and your spouse are considering getting an agreed divorce in Kaufman county, go through the checklist below prior to calling an attorney. The more stuff you can agree upon, the cheaper your divorce will be. Call me, Brett Talley, at (972) 564-4644 to discuss your uncontested divorce.


Below are the most common assets involved in divorces. You need to decide who will be keeping what in the divorce. It’s important to note that anything that you acquired after getting married is considered what we call community property and is as much the husband’s as it is the wife’s. Division of all community property is usually split 50/50 by courts. But any asset that either spouse came into the marriage with is considered their separate property and not subject to division.

At Guest & Gray we get a lot prospective clients from Forney and Kaufman county coming in wanting to get an agreed divorce. If the divorce is truly uncontested, it takes less time to get the final paperwork in order, it requires much less work on the part of the Kaufman County divorce lawyer, and, as a result, it costs less. But the problem is that often the parties have not actually come to an agreement. Or at least the parties have not discussed and agreed upon all the issues that must be dealt with in a divorce.

To qualify for an uncontested divorce, you must first have reached an actual agreement with your spouse. Simply talking about getting a divorce and agreeing that you should get a divorce is not sufficient. Another problem is that people talk about how things will get split up but don’t address all of their assets and liabilities prior to speaking to a Kaufman County divorce lawyer. I can help you go through all the assets, liabilities and other issues that need to be agreed upon in order to complete your divorce. But the more information you can discuss before meeting with me and the more issues that you can agree upon before meeting with a lawyer, the quicker and  cheaper your divorce will be.

So what are the common assets, liabilities and other issues that need to be agreed upon in a divorce? In a separate post here on the site, I have a checklist of all the things to consider when trying to agree upon the terms of your divorce. But in general, your assets will usually be any equity you may have in a home, retirement accounts, money in bank accounts, and vehicles. Your debts will usually be mortgages, credit card debt, and car payments. If you own a home, you’ll also need to decide who will be staying in the house and who will continue to pay the mortgage. In some instances, you’ll need to include provisions in your divorce decree dealing with the sale of your home and the splitting of the proceeds. And if you have children, you need to decide which parent has the right to designate the primary residence of the child (this is what is commonly thought of as custody), what possession schedule the non-custodial parent will have, how much child support the non-custodial parent will pay per month, and who will maintain health insurance for the child.

Sec. 154.009.  RETROACTIVE CHILD SUPPORT. (a) The court may order a parent to pay retroactive child support if the parent:

(1)  has not previously been ordered to pay support for the child; and

(2)  was not a party to a suit in which support was ordered.

Sec. 154.006.  TERMINATION OF DUTY OF SUPPORT. (a)  Unless otherwise agreed in writing or expressly provided in the order or as provided by Subsection (b), the child support order terminates on:

(1)  the marriage of the child;

(2)  the removal of the child’s disabilities for general purposes;

Sec. 154.002.  CHILD SUPPORT THROUGH HIGH SCHOOL GRADUATION. (a) The court may render an original support order, or modify an existing order, providing child support past the 18th birthday of the child to be paid only if the child is:

(1)  enrolled:

(A)  under Chapter 25, Education Code, in an accredited secondary school in a program leading toward a high school diploma;

Many clients have concerns about the length of time a divorce may take. I understand that you want to move on with your life and plan for the future and that a pending divorce can be stressful. The best way to finalize a divorce quickly is to have clearly defined goals. That way we can choose the best strategy to meet those goals quickly.

Every family law case is different and no lawyer can guarantee how long a case will take. In general, if the parties agree on most issues you can finalize a divorce in a few months. If the parties do not agree and require a trial to finalize the case it may take 1-2 years to finalize a case. In Texas, you must wait at least 60 days from the date of filing to finalize a divorce (there are some very limited exceptions). Contested cases always take longer than agreed cases. Contested cases are also more expensive. In many cases clients compromise in order to achieve finality and certainty and avoid future litigation expenses. We can help you decide when to litigate, and when to settle. Our firms has decades of combined family law experience. We have seen it all and can bring the full weight of that experience to your case.

What can cause a delay in a divorce case?

Are you facing a child custody case in Kaufman County? Nothing is more important than your children. Understanding what to expect can minimize the anxiety and plan for the future.

Let’s walk through the basics of a Kaufman County Child Custody Case.

First comes the consultation. When you meet with one of our Kaufman County Child Custody Lawyers we will go over your goals for litigation. How do you want the case to end? What issues are important to you? Do you want your child to stay in a certain area? Do you believe you can co-parent successfully? Are the children safe with the other parent? What about child support and insurance? Once we understand your goals we will craft a litigation strategy for your case.

Every one has questions about their family law situation. I will be glad to meet with you and answer your questions about the process. I understand that their is nothing more important than your family. The internet can be a good source of general information on the divorce process, but to really understand what a Kaufman County family case is like, you need a consultation with an attorney who has experience in Kaufman County family law.

At Guest and Gray our lawyers have decades of experience in Kaufman County. We don’t just take case here, our lawyers been a part of the local legal community for years. I am a former prosecutor from the Kaufman County District Attorneys Office. I am also a former President of the Kaufman County Bar Association. I have never had an office outside this county. Kaufman County is our home and we are proud to serve the local community.

If you want to set up a consultation for your family law issue please call today.

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