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| Pamela A. Calhoun Houston Divorce Lawyer |
I am thinking about filing for divorce - what do I do now?
Very often when people are facing divorce they are frozen in fear. They don't know what to do. They are
distrustful of lawyers and feel powerless to protect themselves against their spouses. They don't feel the legal
system can protect them. The information here is intended to give you some direction when you are in this
very vulnerable stage of the process. Read more
What happens at the initial consultation?
In my office, the first meeting takes between one and two hours. We discuss the legal process in general and
the facts of your particular case. We talk about your goals, and the strategies we can implement to help you
meet those goals. At this consultation you will be given a Questionnaire to fill out and return. You will also be
given an Attorney/Client Contract to review, and if acceptable, sign and return to me with your initial retainer
fee. These two forms can be downloaded from the "Client Forms" page of this website. My consultation fee is
$250.00.
How much do lawyers charge?
Family law attorneys will generally charge a retainer fee (a down payment toward future legal fees) ranging
from $1,000 to $25,000 depending on the complexity of the issues involved in the particular case. From this
retainer fee they will subtract their time at whatever their hourly rate is, which usually ranges from $100 to
$500. Out of pocket expenses will also be deducted. Family law attorneys rarely, if ever, charge flat fees,
unless they can predict exactly what the case entails, and how much time it will take to conclude the matter. For
a discussion on how to keep your legal fees reasonable, click here.
Can the same lawyer represent both spouses?
Absolutely not. Even if you and your spouse agree on the terms of your divorce, you still have a conflict of
interest or a potential conflict of interest. It is unethical for one lawyer to advise two people who have adverse
interests.
Can I represent myself?
Texas affords you the right to represent yourself. Before making this decision, consider the issues in your
case, the time it will take for you to educate yourself about how to deal with those issues, and your emotional
state. Ask yourself what you have to lose if you make a mistake.
What is an uncontested divorce?
An uncontested divorce is one where you and your spouse agree to the divorce and agree on all the terms of
the divorce. The spouses will agree on who is to have what property, who is to pay what debt, who is to have
custody of the children, how much support will be paid, who will provide medical insurance for the children, how
much visitation will be permitted, and whether or not alimony/maintenance will be paid by one spouse to the
other, and if so in what amount and for how long. For the steps you will go through in the uncontested divorce
process, click here.
What is separate property and what is community property?
Separate property is property owned by a spouse prior to the marriage or acquired by a spouse during
marriage by gift or inheritance, and may also include recovery for personal injuries. Community property is all
property acquired during the marriage that is not separate property. To learn more, click here
What is real property and what is personal property?
Real property is real estate and anything attached to it. Personal property is everything else i.e. anything that
is movable.
Will our community property be divided 50/50?
The judge will divide the community property in a "just and right" manner. This is not necessarily 50/50.
What factors will the judge consider in awarding one spouse more than 50%?
Some of the factors the court will consider are:
Fault in the breakup of the marriage
Ages and health of the parties
Disparity in wage earning abilities of the parties
Disparity in educational levels of the parties
Any special needs of the parties
What is a fault divorce as opposed to a no fault divorce?
In Texas there is no requirement that the court find who is at fault in the break-up of the marriage in order to
grant the divorce. However, one party may allege that the other party is at fault in the break up of the
marriage in order to justify a request for a disproportionate division of the community property. For more
information on the grounds for divorce in Texas, click here.
How long does it take to get a divorce granted?
The Petition for Divorce must be on file for at least 60 days before the case can be finalized. If the case is
contested it could take six, nine, twelve months, or longer.
What if I can't wait to get court orders on certain issues?
If relief is needed right away you can request a hearing and ask the court to enter temporary orders. A hearing
will be set for approximately 2-4 weeks (depending on the court's schedule). The court can enter temporary
orders that will be in place until the divorce is finalized or until otherwise modified. The temporary orders will
address issues like child custody, support and visitation (access), spousal support (maintenance), use of
property during the pendency of the divorce, interim attorney's fees, and payment of certain debt.
Can the court order one spouse to pay the other spouse alimony/maintenance while the divorce is
pending?
Yes. The Court will consider the financial circumstances of the parties and the needs of each party.
Remember, all income earned during the marriage is community and belongs to both spouses. If one spouse
has a higher income it is very likely that that spouse will be required to pay spousal support while the divorce is
pending.
What is Joint Custody.
Many people have the misconception that joint custody means each parent gets equal time with the children.
The true meaning of joint custody deals with the allocation of parental rights between the parents. Read more.
How is child support calculated?
Child support is based on the net monthly resources of the parent paying support, as defined by the Texas
Family Code. The percentage of net monthly resources ordered by the court to be paid is based on the
number of children involved in the divorce and the number of other children the parent paying might be
obligated to pay child support to. For example, if the parent paying support and the parent receiving support
have one child and the parent paying has no other children he/she will pay 20% of his/her net monthly
resources in child support. If the paying parent has a child from a previous marriage he/she will pay 17.5% to
the child of this marriage.
Is there a maximum amount of child support that the court will order?
In the typical situation, the percentage applies only to the first $7,500 of net monthly resources. There are
other circumstances that the court will consider in setting support above or below the statutory guidelines.
How is "net monthly resources" calculated?
Resources include 100% of all wages (including commissions, overtime, tips and bonuses), interest, dividends
and royalty income, self employment income, net rental income and all other income actually being received.
From this figure the court will deduct social security taxes, federal income tax based on the tax rate for a single
person claiming one personal exception and the standard deduction, state income tax, union dues; and
expenses for the cost of health insurance for the child.
What type of visitation can I expect to get with my children?
The Texas Family Code provides for a "Standard Possession Order" which works for most parents. Generally,
the parent who is awarded "visitation rights" will have his/her child on the first, third and fifth weekends of each
month, on Thursdays during the school year, alternate holidays, and an extended period of time in the summer.
There is some flexibility in structuring a visitation schedule that will work for your particular situation. For the
exact language of the Standard Possession Order, see Section 153.311 thru 153.317 of the Texas Family
Code.
Prepared by:
Pamela A. Calhoun, Attorney at Law
Lyric Centre
440 Louisiana, Suite 900
Houston, Texas 77002
713-236-7793
If additional information is needed, feel free to contact me at pcalhoun@pdq.net.
Very often when people are facing divorce they are frozen in fear. They don't know what to do. They are
distrustful of lawyers and feel powerless to protect themselves against their spouses. They don't feel the legal
system can protect them. The information here is intended to give you some direction when you are in this
very vulnerable stage of the process. Read more
What happens at the initial consultation?
In my office, the first meeting takes between one and two hours. We discuss the legal process in general and
the facts of your particular case. We talk about your goals, and the strategies we can implement to help you
meet those goals. At this consultation you will be given a Questionnaire to fill out and return. You will also be
given an Attorney/Client Contract to review, and if acceptable, sign and return to me with your initial retainer
fee. These two forms can be downloaded from the "Client Forms" page of this website. My consultation fee is
$250.00.
How much do lawyers charge?
Family law attorneys will generally charge a retainer fee (a down payment toward future legal fees) ranging
from $1,000 to $25,000 depending on the complexity of the issues involved in the particular case. From this
retainer fee they will subtract their time at whatever their hourly rate is, which usually ranges from $100 to
$500. Out of pocket expenses will also be deducted. Family law attorneys rarely, if ever, charge flat fees,
unless they can predict exactly what the case entails, and how much time it will take to conclude the matter. For
a discussion on how to keep your legal fees reasonable, click here.
Can the same lawyer represent both spouses?
Absolutely not. Even if you and your spouse agree on the terms of your divorce, you still have a conflict of
interest or a potential conflict of interest. It is unethical for one lawyer to advise two people who have adverse
interests.
Can I represent myself?
Texas affords you the right to represent yourself. Before making this decision, consider the issues in your
case, the time it will take for you to educate yourself about how to deal with those issues, and your emotional
state. Ask yourself what you have to lose if you make a mistake.
What is an uncontested divorce?
An uncontested divorce is one where you and your spouse agree to the divorce and agree on all the terms of
the divorce. The spouses will agree on who is to have what property, who is to pay what debt, who is to have
custody of the children, how much support will be paid, who will provide medical insurance for the children, how
much visitation will be permitted, and whether or not alimony/maintenance will be paid by one spouse to the
other, and if so in what amount and for how long. For the steps you will go through in the uncontested divorce
process, click here.
What is separate property and what is community property?
Separate property is property owned by a spouse prior to the marriage or acquired by a spouse during
marriage by gift or inheritance, and may also include recovery for personal injuries. Community property is all
property acquired during the marriage that is not separate property. To learn more, click here
What is real property and what is personal property?
Real property is real estate and anything attached to it. Personal property is everything else i.e. anything that
is movable.
Will our community property be divided 50/50?
The judge will divide the community property in a "just and right" manner. This is not necessarily 50/50.
What factors will the judge consider in awarding one spouse more than 50%?
Some of the factors the court will consider are:
Fault in the breakup of the marriage
Ages and health of the parties
Disparity in wage earning abilities of the parties
Disparity in educational levels of the parties
Any special needs of the parties
What is a fault divorce as opposed to a no fault divorce?
In Texas there is no requirement that the court find who is at fault in the break-up of the marriage in order to
grant the divorce. However, one party may allege that the other party is at fault in the break up of the
marriage in order to justify a request for a disproportionate division of the community property. For more
information on the grounds for divorce in Texas, click here.
How long does it take to get a divorce granted?
The Petition for Divorce must be on file for at least 60 days before the case can be finalized. If the case is
contested it could take six, nine, twelve months, or longer.
What if I can't wait to get court orders on certain issues?
If relief is needed right away you can request a hearing and ask the court to enter temporary orders. A hearing
will be set for approximately 2-4 weeks (depending on the court's schedule). The court can enter temporary
orders that will be in place until the divorce is finalized or until otherwise modified. The temporary orders will
address issues like child custody, support and visitation (access), spousal support (maintenance), use of
property during the pendency of the divorce, interim attorney's fees, and payment of certain debt.
Can the court order one spouse to pay the other spouse alimony/maintenance while the divorce is
pending?
Yes. The Court will consider the financial circumstances of the parties and the needs of each party.
Remember, all income earned during the marriage is community and belongs to both spouses. If one spouse
has a higher income it is very likely that that spouse will be required to pay spousal support while the divorce is
pending.
What is Joint Custody.
Many people have the misconception that joint custody means each parent gets equal time with the children.
The true meaning of joint custody deals with the allocation of parental rights between the parents. Read more.
How is child support calculated?
Child support is based on the net monthly resources of the parent paying support, as defined by the Texas
Family Code. The percentage of net monthly resources ordered by the court to be paid is based on the
number of children involved in the divorce and the number of other children the parent paying might be
obligated to pay child support to. For example, if the parent paying support and the parent receiving support
have one child and the parent paying has no other children he/she will pay 20% of his/her net monthly
resources in child support. If the paying parent has a child from a previous marriage he/she will pay 17.5% to
the child of this marriage.
Is there a maximum amount of child support that the court will order?
In the typical situation, the percentage applies only to the first $7,500 of net monthly resources. There are
other circumstances that the court will consider in setting support above or below the statutory guidelines.
How is "net monthly resources" calculated?
Resources include 100% of all wages (including commissions, overtime, tips and bonuses), interest, dividends
and royalty income, self employment income, net rental income and all other income actually being received.
From this figure the court will deduct social security taxes, federal income tax based on the tax rate for a single
person claiming one personal exception and the standard deduction, state income tax, union dues; and
expenses for the cost of health insurance for the child.
What type of visitation can I expect to get with my children?
The Texas Family Code provides for a "Standard Possession Order" which works for most parents. Generally,
the parent who is awarded "visitation rights" will have his/her child on the first, third and fifth weekends of each
month, on Thursdays during the school year, alternate holidays, and an extended period of time in the summer.
There is some flexibility in structuring a visitation schedule that will work for your particular situation. For the
exact language of the Standard Possession Order, see Section 153.311 thru 153.317 of the Texas Family
Code.
Prepared by:
Pamela A. Calhoun, Attorney at Law
Lyric Centre
440 Louisiana, Suite 900
Houston, Texas 77002
713-236-7793
If additional information is needed, feel free to contact me at pcalhoun@pdq.net.
| Frequently Asked Questions |
Houston Divorce Lawyer - Houston Family Law Attorney - Board Certified -
Family Law - Texas Board of Legal Specialization
Family Law - Texas Board of Legal Specialization