FREQUENTLY ASKED QUESTIONS
The following are questions frequently asked. The answers provided are general. You should ask Nancy E. Lusk to discuss the specifics of your case. Don’t see an answer to your question? Contact our office at (281)242-2700 to schedule a consultation.
Under Texas law, there is no such thing as a “legal separation.” Even though temporary orders may be entered by the court, they are not to be construed as a legal separation.
In Texas, the law prohibits a divorce decree from being entered until at least 60 days have elapsed from the date the divorce petition is filed. This “cooling off” period is, of course, just a minimum period of time. Most cases take much longer to complete. Because no two cases are alike, no one can determine, with certainty, how long it will take your particular case to be finalized. While we work diligently to complete your case as soon as possible, the length of time depends on how quickly the parties are able to come to an agreement. If the parties are not able to reach an agreement, the case is set for trial.
Not until the divorce is final. Adultery is grounds for the granting of a divorce based upon fault. Your legal status as a married person does not change until a divorce is granted.
If you have been served with a Temporary Restraining Order, you will be prohibited from closing accounts. If you have not, you are free to close the accounts. You should consider the possible consequences. Closing an account without notice to your spouse may cause unnecessary embarrassment. It may also increase hostility and mistrust.
If your spouse is likely to spend or hide money in an account or run up large balances on a credit card, it may be a wise decision. If you close bank accounts, you should not spend the funds. The best plan is to deposit all the funds from the closed account into a new account, solely in your name, so that you can fully account for the transactions later.