Melody M. Petitt                          

Attorney & Counselor at Law

Melody M. Petitt, Attorney & Counselor at Law
2615 Calder Street, Ste. 704
Beaumont, TX 77702

ph: 409-813-3233
fax: 409-813-3447

FAQs

Family Law and Divorce FAQs  

What does "uncontested divorce" mean?

A divorce is considered uncontested if ALL of the following conditions are met by the parties:

1. You and your spouse agree to be divorced.

2. You and your spouse have reached an agreement on all issues, including child custody, child support, visitation and the division of community property.

3. Voluntarily sign all papers without service on any party.

How long do I have to live in Texas before I can get a divorce?

Texas requires residents to live in Texas for six months or more before a divorce can be granted. You must also reside in the county for 90 days.

How long does it take to get a divorce?

Texas requries that parties to a divorce wait 60 days before the divorce can be finalized.

Is there a waiting period for remarriage after divorce?

Yes. Parties to a divorce must wait 30 days before remarriage. If this is a concern for you, you should ask your attorney about waiving this condition.

How do I get my name changed after divorce?

Ask your attorney to request a name change. You can then take a certified copy of your Divorce Decree to get a new identification.

Can I get full custody of my kids?

Each situation is different. You should contact an attorney for a consultation. The court will look at many factors in determining who should be the primary caretaker including past caretaking duties and direct involvement in the children's daily life.

Can I get a legal separation?

No. Legal Separation does not exist in Texas.

My spouse served  me with a Restraining Order. What do I do now???

First you should contact my office for a consultation. Restraining orders can be very general or very specific depending on the circumstances. It is important that you have an attorney interpret the provision of a restraining order.

Can a child choose which parent he or she wants to live with?

It is a common misconception that a child has the absolute right to choose whether to live with mom or dad. This is simply not true. The answer is much more complicated. Texas law does state that a child can communicate to the court a preference for one parent over the other. However, this preference is not binding on the court. The court must still evaluate the best interest of the child.

General FAQs

How much does it cost?

Attorney's fees can be expensive. The amount charged depends on the type of case and how much time I spend on your case. Charges for family law, criminal and probate matters are charged on an hourly or flat fee basis not on contingency fees.

Can I fire my attorney?

If you are not satisfied with your lawyer, you may terminate your relationship.

What do I wear to court?

Conservative clothing is the  best choice. Do not wear shorts, t-shirts, blue jeans or hats. Neatness and cleanliness will count. Women should wear skirts or dresses and men can wear suits or slacks and a long sleeved shirt.

How should I act around the judge and court staff?

Address the judge as "your honor" and be sure to use last names when talking to his staff. Do not talk in the courtroom unless directed to by an attorney or the judge. Turn off your cell phone.

Still have questions? Please contact me  for an appointment! I look forward to hearing from you.

Principal Office 

2615 Calder Street, Ste. 704

Beaumont, Texas 77702

 

Copyright Melody M. Petitt. All rights reserved.The information on this site should not be taken as legal advice, nor does the use of this site create a lawyer-client relationship.

Melody M. Petitt, Attorney & Counselor at Law
2615 Calder Street, Ste. 704
Beaumont, TX 77702

ph: 409-813-3233
fax: 409-813-3447