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  • FAQ

    • What Kind of Law Does Your Office Help With?

      A: Any family law case that does not involve estate planning or probate. For example, we help straight and LBGTQ+ people and families with issues involving:

      • Divorce with or without children and low or high net worth property division;
      • Non-married parents determining parentage and obtaining child support, child custody, and visitation;
      • Parent defense for parents accused by Child Protective Services (CPS) of abusing their children;
      • Adoptions including step-parent adoption, adult adoption, private placement through agency adoptions, CPS adoptions, and international adoptions;
      • Modifications and enforcements of prior orders;
      • Gestational agreements for surrogacy pregnancies;
      • Prenuptial and postnuptial agreements; and
      • Various other family-related issues and behind-the-scenes legal advice.
    • Why Should I Choose Camille Borg Law PLLC?

      A: The attorneys at our all-female law firm understand the ways in which abuse and family violence impact divorce and custody matters, as well as your mental health and safety. They are experienced, knowledgeable, and compassionate, and along with our friendly legal staff, will guide you along every step of the way.

    • My Spouse Served Me With Divorce. What Do I Do Now?

      A: Schedule an appointment to consult with one of our attorneys as soon as possible. Bring all papers you were served with to your consultation. If you delay, you could miss an important deadline. If you miss a deadline, your spouse may be able to divorce you without your participation and get from the judge whatever your spouse asks for if no one is there to represent your interests in the case.

    • Do I Have to Have a Lawyer for My Divorce?

      A: Technically, you can represent yourself in a divorce. However, if you get a divorce without legal help, you may be risking property, money, rights as a parent, and visitation with your child. You may not know the proper paperwork to transfer assets or to set up child support. Our family attorneys specialize in divorce cases and can help protect your rights and marital assets.

      Many people start filling family law forms on their own, believing it can be handled more simply without an attorney. This is a very risky step and there is no attorney or legal professional that would advise you to attempt this on your own. Not only can the paperwork be exceedingly complex, but it is extremely easy to take advantage of someone pursuing a legal matter without any legal experience. It can be easy to overlook thousands or millions of dollars’ worth of assets just because you were not made fully aware of how much your property is worth. We understand you want to resolve these matters as quickly as possible, and as your legal counsel, that will be our goal as well! Resolving these conflicts peacefully ends up better for all parties involved. Hiring an attorney is not an aggressive move, but a necessary one to protect your interests.

    • How Long Will It Take for My Divorce to Be Finalized?

      A: This depends entirely on your situation. In Texas, there is a statutory waiting period of 60 days from the date the divorce case is filed with the court. The earliest a divorce could be finalized is 61 days from the date of filing for divorce, but a divorce can potentially be finalized sooner if your case qualifies for the domestic violence exception. However, most cases take several months up to a year depending on the number of contested issues and especially if children are involved. Some take years. Other factors that determine how long it will take include the willingness of the parties to negotiate, the size and complexity of the estate, and the court’s availability to set a final trial if you cannot settle. Some larger counties may not have time for a final trial for several months. Discovery and the request for a jury trial can also delay the final trial. Keeping open communication with your attorney will help facilitate a more expeditious resolution.

    • After divorce, is there an early withdrawal penalty if I cash out my spouse's retirement that was awarded to me using a QDRO?

      A: There will be no early-withdrawal fee, but income taxes will apply. Seek advice from a tax professional to determine what your tax consequences may be.

    • How Can I Get a Divorce the Cheapest/Easiest/Without Going to Court?

      A: Come to an agreement with your spouse. If you and your spouse can come to an agreement on the issues in your divorce, you do the process faster. This is much easier said than done. Making concessions may shorten the time it takes to get a divorce, but you may also have to give up things that matter to you in the process. Our attorneys can help you focus and decide which fights to fight, and which arguments to concede on.

    • What Happens If My Spouse and I Can’t Agree How to Split Our Property in Our Divorce?

      A: Then the judge will decide. The Texas Family Code says, “In a decree of divorce or annulment, the court shall order a division of the estate of the parties in a manner that the court deems just and right, having due regard for the rights of each party and any children of the marriage.” Judges have a wide range of discretion on what constitutes as "just and right." It is rarely a clean 50/50 split down the middle. Consult with an attorney today to help you come to a creative settlement that both spouses can live with to avoid letting the judge decide the terms of your divorce!

    • Am I Common Law Married?

      A: There is a misconception that if you cohabitate with a partner for x amount of time, you are common law married. In Texas, there is no such time limit for when a common law marriage is created. In Texas, a common law marriage occurs when 3 factors are met: 1) the parties agree to be married, 2) the parties cohabitate, and 3) the parties hold themselves out to others as being married. Whether or not those three factors are satisfied can be hotly contested depending upon if you are claiming a common law marriage or defending against a claim of one. It is important to speak to an experienced attorney who can analyze your unique circumstances and offer legal analysis regarding whether a court would find that you are in a common law marriage.

    • I Am Common Law Married. Can I Still File a Regular Divorce?

      A: Yes, the process for filing divorce based on a common law marriage is essentially the same as a divorce based on a formal marriage. The major difference is that you may have to establish that you are in fact common law married if that fact is contested.

    • Am I Entitled to Spousal Support?

      A: In Texas, absent an exception, you must be married for 10 years or more in order to be eligible for spousal support, though that fact alone does not automatically entitle you to spousal support. Things like a person's work history, educational history, physical ability to work, and disability of you or your child all factor into whether a court is likely to order spousal support, how much that spousal support may be, and for how long you could receive spousal support. If you are a victim of domestic violence from your spouse, you may qualify for spousal support even if you have not been married for the minimum of 10 years.

    • How Much Will My Divorce Case Cost?

      A: There is no way to know unless your lawyer offers a flat rate for their services. Most family law attorneys, however, bill by the hour. The total cost will depend on your lawyer’s hourly billing rate, the complexity of your case, each party’s willingness to negotiate, and everything each side does in the case. You are billed for the time it takes the attorney and support staff to bring your case to a conclusion. The more time they spend on the case, the more it will cost. The more fighting you do with your opposing party, the more the firm will work on your case, and the more expensive your case will be. If your relationship with the opposing party is particularly unfriendly, they may do things that drive the cost up. If you think your spouse is hiding assets, more time, energy, and expense will need to go into finding those assets. If your child has a disability that requires special care, doctors or other experts may need to testify. Each of these things can make the cost skyrocket. Similarly, if you call or email your attorney several times a day, each of those communications may be billed and will make the cost go up.

    • What Can I Do to Keep My Legal Costs Down?

      A: Be organized and concise. Understand that each time the attorney uses time to work on your case, you will be billed for the time. The time used is rounded up to and billed by quarter of the hour. Having good organizational skills and gathering and organizing documents quickly by the requested deadlines will help your attorney not have to remind you to send the required information and in turn, that will keep your costs down. On the other hand, calling or emailing frequently is one of the fastest ways to drive your costs up and is not an efficient use of your attorneys' time. Instead, if they are not time-sensitive, let your questions accumulate. Emailing or calling with a list of questions or discussion topics instead of one to use up the full quarter of the hour at a time will be more efficient and less costly.

    • I Never Got a Pre-nuptial Agreement Before We Got Married. Is It Too Late?
      A: No, it is not too late. You can partition property after marriage. Consult with our attorneys about drafting a post-nuptial agreement.
    • What If I Don’t Know Where to Serve the Opposing Party?

      A: Having court documents personally served on an opposing party must be done before you can move forward with your case. If you do not know where the opposing party lives or works, a court must approve of serving them via an alternative method. Some other methods of service are by text message, email, or even social media. In the most extreme cases, serving a party by publication in a local newspaper may be available as a last resort. Our attorneys can help you file the right motion to get the opposing party served appropriately under the law.

    • How Do I Exercise My Father’s Rights If I Was Never Married to the Mother of My Child Living in Texas?

      A: First, parental rights* must be established. Once paternity is established you can file to establish child custody. There are two ways for unmarried fathers to establish paternity in Texas:

      1. Timely sign a legal document called an Acknowledgment of Paternity and file it with the state of Texas to establish your paternity within the statutory deadlines, or
      2. Get a court order. If your parentage is contested, the judge may require you to take a DNA test with the child. The judge will have to make a legal finding that you are the child’s parent and rule to adjudicate your parentage which legally establishes your paternity.

      *Please note that signing a birth certificate does not establish parental rights in Texas.

    • I Want to Change the Child Custody Order I Have Been Operating Under. What Can I Do?
      A: In certain situations, you can modify a child custody order. You should consult with one of our attorneys to find out if your case and circumstances make you a good candidate to pursue a modification.
    • Can I Withhold My Child From the Other Parent’s Court-Ordered Periods of Possession...

      Can I Withhold My Child From the Other Parent’s Court-Ordered Periods of Possession If the Other Parent Should Be Paying Court-Ordered Child Support and Is Not Doing So?

      A: No. In Texas, matters of conservatorship and possession and access are separate from child support related issues. A party failing to pay court-ordered child support still has a right to court ordered periods of visitation with the child.

    • What Are the Penalties for Violating a Court Order About Child Support?

      A: In Texas, potential punishments can range from up to 6 months in jail per violation, a fine of up to $500.00 per violation, or both.

    • Why Is My Case Taking So Long to Complete?

      A: It could be a number of reasons. There may be a waiting period for your case, lack of availability of the courts for a court date, uncooperative opposing parties, lengthy discovery, extensive legal research and writing, waiting for a judge to rule, or any myriad of reasons. Speak to your lawyer about your specific concerns to get feedback on the timeline for your case.

    • What Is Discovery?

      A: Discovery is the process by which either side collects information from the other side. This can be in many different forms, such as a deposition, written questions, or a request to produce documents. The information requested should be related to any claims or defenses that either party has. So, for example, if you want to prove that a piece of property is separate property, your attorney may ask you for certain information so that you can prove it. The other side may also request that information so that they can know how to defend against your claim or show that you have not proved it. This is a normal part of the litigation process and does not mean that the case cannot or will not settle. In fact, discovery may sometimes help the case settle because both sides see what the other side is holding.

    • I’ve Been Served With Discovery. Why Do I Have to Produce a Bunch of Documents and Answer Formal Questions?

      A: This is part of the discovery process. Both sides are entitled to request information from the other side. Texas does not allow trial by ambush. You will rarely see “gotcha” moments because one side did not know about a piece of evidence. Your lawyer will request information from the other side, and you will want them to answer those questions and produce those documents. Similarly, the other side will request information from you, and they will want you to answer those questions and produce those documents.

      If one side does not respond to the discovery request, the other side may ask the court to compel them to respond. This means that, if you do not respond, the court will order you to respond, then if you still do not respond, you may be sanctioned or fined. Sanctions may include you being prohibited from using that requested evidence that you did not produce. That means that even if it could help you prove something, the judge will not let you use it because you did not produce it to the other side when they requested it.

    • Why Do I Have to Pay Child Support If We Have a 50/50 Custody Plan?

      A: Texas requires that parents support their children. This is in the child’s best interest. A 50/50 parenting schedule with the children does not abolish this duty. Usually, if a parent is not willing to pay “net support,” that parent is trying to avoid child support, not trying to have equal possession. Net support means that the higher earning parent will help equalize costs for the child. Child support is support for the child, not support for the other parent.

    • If My Spouse Has Moved Out, Can I Change the Locks?

      A: If you have not filed for divorce yet, likely the answer is no - but you would need a legal analysis of your specific facts. If you have been awarded the temporary exclusive use of the marital residence by a judge, you likely can change the locks. But read the order carefully. Does it prohibit you from changing locks or doing any repairs that could exclude changing the locks? Another factor could be if you have a prenuptial agreement that dictates rules about locking a spouse out or not. Consult with your attorney to review all relevant legal documents and advise before acting.

    • I’m in the Middle of a Divorce. Can I Start a New Relationship?
      A: You technically can, but it is not without consequences and thus is not advisable. Texas courts can grant a fault-based divorce on the grounds of adultery if a party is dating during a divorce, even if the parties are no longer living together. This could result in you receiving a lesser portion of the martial estate or spousal support. It is best to wait until after your divorce is finalized to date others. Many people make the mistake of thinking of their spouse as an ex-spouse as soon as they decide the marriage is over. You stop being married when your divorce is final. Remember, you are married until your divorce is finalized.
    • I Have a Custody Order From a Different State but Have Moved to Texas. Can I Modify the Order in Texas?
      A: Yes, after the child has lived in Texas for six months or longer, you may have the option to utilize Texas’ laws to modify your out-of-state custody order if you qualify. Seek legal counsel to learn more and see if your case would qualify for a modification.
    • How Do I File For Divorce In Texas?
      A: First you have to make sure you are eligible to file for divorce in Texas. You or your spouse must have lived in Texas for 6 months and 3 months in the county you want to file a divorce in. You have to file a Petition for Divorce with the County District Clerk's office and pay a filing fee. If you cannot afford the fee, check with the county about what is required to get a fee waiver. You can file for divorce without giving any reason, if you choose, or you can claim that the actions of the other party have forced you to end the marriage. Once the court accepts your case and assigns you a case number, you must then notify your spouse that you have filed for divorce so you both can start sorting out the details. An attorney can help you hire a process server to notify your spouse on your behalf if you so choose. Call us to learn how our attorneys can take all the mystery out of filing for divorce and handle all the steps for you.
    • Can I Adopt A Stepchild?
      A: Yes, if the other parent's parental rights have been terminated. Adoption of a stepchild is one of the most common forms of adoption in the United States. Many stepparents decide to take this step so that they will have parental rights in case the birth parent is rendered incapacitated or to unify the family unit. A child can also have his or her name changed during this adoption process as well.
    • If I Get Divorced, Will I Have To Go To Court?
      A: Maybe. With the assistance of attorneys, most couples are able to settle divorce matters outside of court. Occasionally attending court may be required when parties cannot come to an agreement and they need a judge to be the tie breaker. The most common kinds of hearings are temporary orders hearings to make orders for while the case is pending or final trials that finish the divorce case. However, there may be a variety of other kinds of hearings that may be needed on a case-by-case basis.
    • Will I Be Able To Get Custody Of My Children After a Divorce?
      A: This depends entirely on your situation. Most of the time, parents divorcing in Texas end up with some version of shared custody of the children with the child's other parent. When determining custody, judges are required to make rulings consistent with what is in the best interests of the child. Judges will consider the living situation, income, parent/child relationship, stability, and various other factors when determining custody rights. Children are usually not asked which parent they would prefer to live with as this can place a tremendous burden on them. However, if you believe it is important that your child has an opportunity to voice his or her opinions to the court, you can request a private meeting between your child and the judge. Judges are not required by law to interview children under 12 years old, but if the child is 12 years old or older, the judge is required to interview the child. The judge only needs to consider the child's viewpoint and is not constrained to give the child his or her way. Though sometimes a child interview can be very persuasive on a judge, a parent should not depend upon the results of a child interview to make that parents' case.

What Sets Us Apart

  • Fearlessly Fighting for the Underdogs
    Camille Borg Law PLLC has an extreme passion for championing the best interests of those who can't do it alone.
  • Devoted Counselor at Law
    Our family attorney in McKinney, TX strives to bridge the gap between mental health and legal issues through the cases we handle.
  • Available & Accessible
    We make it a priority to maintain updated, constant lines of communication with the clients we represent.
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