FREQUENTLY ASKED QUESTIONS
1. Can I get divorce in Harris County, Texas without having to return the United States for Court?
Short answer – in some cases, yes.
Assuming you and your spouse agree upon everything, some courts will grant a divorce with the evidence being provided by a Consulate Affidavit. Other courts require that you be physically present before they will grant a divorce.
2. The children and I want to return to the United States so I can get divorced. My spouse does not want the children to go back to the United States. What should I do?
Before you do anything, you need to consult with an attorney who is familiar with the Hague Convention on the Civil Aspects on International Child Abduction.
If you file a divorce with children in a United States Court, and your spouse is not in agreement with regard to the children, the United States Court will order that the children be immediately returned to their “habitual residence” – the last place where everyone lived.
3. Should I get divorced in a foreign court?
Most of the time, no. While a foreign divorce decree is generally recognized in the United States, the property division may not be recognized in the United States Courts, or by the 401(k) administrator, the pension plan administrator, etc.
4. How long will my divorce take?
In Texas the minimum waiting period is 60 days. As a practical matter, most uncontested are finalized in 90 to 120 days. Contested divorces can take a year or more.
5. How do I communicate with my attorney?
The best way is to send an introductory email and then schedule a phone conference. Once you have an attorney in place, communication is usually by email, phone calls, Skype, or FaceTime. Many people assume that email is free because they do not have to pay when they hit send. However, most attorneys are not fast typists and charge for emails. Also, email lack give and take. I suggest that you schedule a telephone conference with your attorney about every 2 weeks.