Horseshoe Bay, TX asked in Child Custody, Divorce and Family Law for Texas

Q: How do I go about getting a divorce and filing for full custody against my husband who is in prison for abusing me?

Do I need to file for divorce first then full custody’s or vice versa? Can I do both at the same time? How much does it cost?

1 Lawyer Answer
John Michael Frick
John Michael Frick
  • Frisco, TX
  • Licensed in Texas

A: In a typical divorce case where the spouses have children, the suit affecting the parent-child relationship (custody, etc.) is resolved in the same action at the same time as the issues involving the divorce and division of the spouse's marital estate.

In a situation where one spouse is in prison and unlikely to be able to effectively contest most issues, a typical divorce lawyer would request an initial retainer of $5,000 to begin work. Depending on the court, judge, extent of your marital property, any unusual circumstances affecting your children, and actions taken by your spouse to delay or fight the case, you may be able to successfully conclude the case for a total expense of around $5,000.

A competent divorce lawyer should be able to tell you in advance approximately how the extent of your marital property and any unusual circumstances affecting your children is likely to affect this cost assuming you provide full disclosure of those facts to the attorney. Shortly after your divorce case is filed, a competent divorce lawyer should be able to tell you approximately how much the court and judge is likely to affect this cost assuming the judge has been on the bench a while and the lawyer has recent experience before that judge.

How actions taken by your spouse are likely to affect this cost are inherently difficult to predict. A competent divorce lawyer may be able to provide some estimates based on certain hypothetical typical actions. But there are often atypical actions and reactions as well as unpredictable ones. For example, until 2020, I would certainly have not predicted how a global pandemic like COVID-19 would interrupt, delay, and change court proceedings, increasing the cost of pending litigation.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.