Family Law Frequently Asked Questions
- Garcia- Windsor P.C.
- Feb 26
- 3 min read
What are the steps in a divorce case?
Garcia-Windsor, P.C. Answer: The process typically begins with filing an Original Petition for Divorce. The other spouse is then legally notified (served). This is followed by a mandatory 60-day waiting period in Texas, the exchange of financial information, and mediation if there are disagreements. The case concludes when the judge signs the Final Decree of Divorce.
Can I file my own divorce? If so, what are the risks?
Garcia-Windsor, P.C. Answer: Yes, you can represent yourself (pro se), but it carries significant risks. You may make technical errors in legal documents, fail to properly divide retirement assets, or agree to custody terms that are legally difficult to change later. Without an attorney, you may lose rights you didn't even know you had.
Can A.I. help me with my divorce case or a lawsuit?
Garcia-Windsor, P.C. Answer: While A.I. can provide general information, using it for legal cases is risky. Many Judges now require the disclosure of any time A.I. is used. Furthermore, A.I. can be wrong more often than not as it lacks specific legal context and interferes with the essential attorney-client relationship and communication process.
What are my options if I don't know where the father is located but I need to get a passport for my child?
Garcia-Windsor, P.C. Answer: You can file a Form DS-5525 with the Department of State regarding "special family circumstances." However, the most reliable method is to obtain a court order from a family judge that grants you the specific right to apply for a passport without the other parent's consent or signature.
Can a family member travel with my child? What documents are needed?
Garcia-Windsor, P.C. Answer: Yes, a family member may travel with your child. To ensure safety and avoid legal delays, providing both a court order and a notarized letter granting explicit permission are the best documents to have on hand during travel.
How can I change my child’s name on his or her birth certificate?
Garcia-Windsor, P.C. Answer: This is generally done through the filing of a suit to change the child's name. Once the court grants the request, you must submit the required documents—including the official court order—to the Texas Health and Human Services Commission to legally amend the birth certificate.
Can my husband adopt my children?
Garcia-Windsor, P.C. Answer: Yes, your current husband can adopt your children through a stepparent adoption. However, this is a two-step legal process: you must first file and successfully complete a termination lawsuit to end the biological father's legal rights before the adoption can be finalized.
What constitutes an "agreed divorce" and how do I process it?
Garcia-Windsor, P.C. Answer: An agreed divorce is one where both spouses are in total agreement on every issue, including property division and child custody. To process it, the parties sign a Final Decree of Divorce reflecting their agreement, which is then presented to the judge for approval after the 60-day waiting period.
What if my spouse does not want to give me a divorce; can I still get one anyway?
Garcia-Windsor, P.C. Answer: Yes. You do not need your spouse's "permission" to get a divorce. If your spouse refuses to sign the papers, you can proceed with a "contested" divorce. After proper legal notice is given, the court has the power to grant the divorce and divide assets even without the other spouse's cooperation.
Can I leave the state with my child if I am a victim of violence or I have a better job opportunity?
Garcia-Windsor, P.C. Answer: You should not relocate without a court order. Most custody orders have a "geographic restriction." If you need to move for safety or employment, you must file a motion with the court to modify the existing order. Moving without permission could result in being ordered to return the child or facing legal penalties.
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