FAQs

Law Office of Kathryn Figueredo Fowler

Have a question about our law practice? The Law Office of Kathryn Figueredo Fowler has the answer. Check out these FAQs and contact us today for more information!

  • Do I need to show fault to file for divorce?

    Texas is considered a 'no-fault' state, which means you are not required to prove that either spouse was at fault for the divorce. However, it's important to note that in some cases, fault may be alleged, which could potentially influence a judge's decision regarding the division of assets.
  • How long will a divorce take?

    In Texas, there is a mandatory 60-day waiting period after filing the divorce petition. If there are no disputes over the settlement, the process can be completed relatively quickly. However, when disagreements arise, it's not uncommon for the divorce process to extend anywhere from six months to a year.
  • How will assets be divided?

    Generally, courts in Texas will order an equal division of marital property between spouses. Any assets acquired during the marriage are presumed to be marital property unless evidence proves otherwise, such as in cases of inheritance. It's worth noting that if one spouse's behavior is found to have caused the divorce, a judge may opt for an unequal division of the couple's community property.
  • Will my divorce case go to court?

    The majority of divorce cases are resolved through mediation, avoiding the need for court proceedings. This approach offers several advantages: mediation is private, unlike public court records; it's typically less expensive than litigation; and it can reduce the emotional strain on all parties involved, including children. While we have a strong track record of guiding clients to successful mediation settlements, we always prepare each case as if it will go to trial, ensuring we're ready to litigate if it's in your best interest.