Plano divorce lawyer Richard L. Armstrong, like many Texas family law attorneys, encounters certain client questions repeatedly in his practice.  This is the first in a series of posts that will attempt to address the most common ones.

1. How likely is it I will gain custody of my children? 

Each case is different, depending heavily on its facts. However, there is a strong preference for Joint Managing Conservatorship (”joint custody“) in Texas. Unless one parent was totally uninvolved with the children duringoint custody marriage, that preference will necessarily influence the custody decisions in the case. However, joint custody is not a panacea, and all options should be carefully considered by the parents before making a decision.

2.  Does joint custody mandate a 50/50 division of time with the children?

Rarely.  Individual considerations like husbands’ and wives’ works schedules, the school year calendar, ability to provide transportation, and convenience all have a bearing. The joint sharing of parental duties and rights is the critical element of joint custody.

3.  Can I object to a divorce if I don’t want one?

No, at least not effectually. Divorce is “no-fault“, meaning that either spouse can bring a divorce action without consent of the other. If you wish to reconcile, our firm will encourage you to do so, and provide alternative suggestions.  Some times, this is successful.

4.  Is there a waiting period, to allow my spouse to reconsider?

Yes, 60 days minimum must expire between the date the divorce is filed and when it becomes final. Although theoretically a divorce can conclude that fast, it seldom does, even if uncontested. There are plenty of opportunities for the filer to reconsider.

Plano Divorce Lawyer and Family Law Attorney Richard L. Armstrong has practiced in the Plano, Allen, McKinney and Frisco area since 1985, and has been practicing law for 28 years.