Law Office of David Nguyen, PC.

Family Law


Should I file for a divorce?

The legal process of terminating the marital rights and responsibilities between spouses must be decided by the individual parties. Terminating a marriage may affect children, finance and tax filing status. For this reason, Attorney David Nguyen will counsel clients to ensure that the parties fully understand the process of filing for a divorce.

How fast can I obtain a divorce?

After our law firm files a divorce petition with the appropriate court, Texas law requires the parties to wait at least 60-days before they can finalize the divorce. This means that the earliest that one could obtain a divorce is on the 61st day after the original petition is filed.

If the divorce is contested or if the parties do not agree on the terms of the divorce petition, the divorce process may take longer.

I just moved to Texas. Can I file for a divorce?

It depends. Before the divorce petition can be filed, the law requires that one of the spouses has to have been a resident of Texas for a continuous six-month period. In addition, one of the spouses must have been a resident of the county where the divorce is filed for at least 90 days. If you or your spouse does not meet these requirements, our firm can prepare the legal documents beforehand, and file your divorce petition once the residency requirements are met.

I love my children, but I would like to file for a divorce. How often will I get to see my children?

Our company will advocate on your behalf and make sure that you obtain all of the visitation rights that are allowed under Texas law.

We will work with the other party to create a mutually acceptable visitation schedule. If this does not work, we will fight for your visitation rights in court.

Can I change my name after my divorce?

After the divorce is finalized by the family law judge, you can change your name to a name that you have previously used, but you cannot change it to an entirely new name.

If you want to change your name to an entirely new name, please contact our office and inquire about a legal name change.

My spouse wants to stay together. Can I still file for a divorce?

Yes. Texas allows a person to obtain a divorce even when the other spouse does not agree to the divorce.

My spouse and I have separated, but he is missing or I cannot locate him. Can I still file for a divorce?

Yes. Our law firm can assist you with a process called Service by Publication, which will allow you the ability to obtain a divorce. This process can be complicated, so we recommend that you schedule an appointment with our office.

My spouse cheated on me and is pregnant with another man’s baby. Can I file for a divorce?

In Texas, the baby will have to be born before a divorce can be finalized. Our firm can prepare the legal documents beforehand, and file your divorce petition once the baby is born.

I married my spouse in a foreign country. They are here in the U.S. illegally. Can I file for a divorce in Texas?

Yes, you can file for a divorce in Texas even if one of the parties does not have legal immigration status in the U.S.

My ex-wife is not allowing me to see our children. What can I do?

We recommend that you keep a log to keep a record of how often your ex-wife is violating the visitation schedule. Afterward, you can hire an attorney to file a Motion to Compel to force your wife to comply with the visitation or risk being placed in jail for violating the order.

I was never married to my son’s mother and he has never been a part of his life. I am married to a different woman now. Can my wife adopt my son?

Yes. Normally, our office will contact your son’s biological mother to determine if she will agree to the adoption. Whether or not she agrees or disagrees, we can file the necessary paperwork to start the adoption process.

I was never married to my son’s biological father. He is not paying child support. Should I try to seek child support by myself or should I hire an attorney?

If your son’s biological father is not listed on his birth certificate, you may be required to file a Petition to Adjudicate Parentage. If your son’s biological father is listed on his birth certificate, you will have to file a Suit Affecting Parent Child Relationship. If you did not know this beforehand, it may be a good idea to hire an experienced attorney.

For more information on Obtaining a Divorce in Texas, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (281) 777-1236 today. We have two convenient locations in north and south Houston, Texas.

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