When a client meets with an attorney for the first time to discuss a divorce, that attorney will estimate how much money they believe the retainer will be. The retainer works like a checking account in that the money is deposited into a trust account and the funds are drawn on as they are earned by the attorney for work that is done.

Any interest earned while the money sits in trust is collected by the Texas State Bar and used to help fund legal services for the underprivileged.

You can file an enforcement action, which requires a court hearing. If this happens, and a judge finds your spouse is in contempt, he or she may face a fine or possible jail time for not following the original court order.

If the person serving overseas is served with divorce papers, they have the right to invoke The Soldiers’ and Sailors’ Civil Relief Act of 1940 (“SSCRA”) in order to postpone the process. This is a federal statute that was enacted to “protect those who have been obliged to drop their own affairs to take up the burdens of the nation.”

If the person overseas wishes to file for a divorce, they may do so in whatever county of Texas in which they reside.

Each case is unique, and the answer depends on the individual circumstances of your case. The first thing you want to do is file a “Motion for Drug Screen” with the court to determine if your spouse is, in fact, using drugs. If he tests positive, the court can take several actions including:

• Deny possession
• Grant limited possession that is supervised
• Require that your spouse submit to a drug test prior to each visit

In cases where the court does not find that the drug use would have a negative effect on the children, visitation may be granted in accordance with the Texas Standard Possession Order.

No. The Texas family code prohibits the use of a step-parent’s income in the calculation of child support. In the court’s eyes, step-parents have no financial obligation to support their step-children.

No. Children aren’t allowed to choose when and with which parent they visit. You are bound by the court ordered visitation with the non custodial parent and therefore must surrender your child. Otherwise you could be held in contempt of court, which could mean fines or even jail time. If for some reason you feel that the court ordered visitation schedule isn’t appropriate, you may return to court to request it be reviewed and possibly changed.

Mediation isn’t necessarily required, but it’s highly recommended because most cases that go to mediation will end in a settlement. If one party requests that mediation be ordered, the court will most likely order it. So, if one of you wants to mediate, it will probably end up being court ordered.

In some counties, such as Travis County, the local court mandates a mediation if the hearing will last more than 3 hours. Other counties, like Williamson, Hays and the surrounding counties don’t have the same requirements, however they all encourage mediation.

Judges typically require each party to be responsible for their own legal fees. There are some situations, however, where the court may allow you to use community property to cover legal expenses during the divorce.

The first step is filing a written complaint with the Child Support Division of the Texas Office of Attorney General. From there an attempt will be made by the state to locate the non custodial parent and collect the back support owed. If the situation requires further action, the state will then determine whether to do one or more of the following:

• Garnish wages
• Suspend and refuse to renew licenses such as driver’s, fishing and hunting, and other professional licenses
• Place liens on property and other assets
• Withhold money from any refunds received for income taxes, and any other federally or state issued checks
• Jail time

Yes. It’s known as “restoration of former name” and although it’s most commonly done by the wife, either spouse can change their name to a name that they have used in the past (it can’t be a brand new name). An important thing to consider, however, when deciding whether to change your name is if there are children involved that also share your last name. Given how difficult a divorce can be on a child, having a parent who suddenly has a different last name than them can make it even harder.