FAQs

Family Law FAQs

  • How long will it take to get a divorce?
  • Can one lawyer represent both spouses?
  • How is child support calculated?
  • How much are attorneys' fees and costs?

Q: How long will it take to get a divorce?

A: Texas imposes a statutory waiting period of 60 days following the filing of a divorce petition before a party can finalize the divorce.  If you and your spouse can agree on all of the terms on the divorce, reduce it to writing, and sign the agreement, the District Court Judge can sign the agreement and finalize the divorce shortly after the 60 day waiting period.  Contested divorces where the parties cannot agree on certain terms in the divorce typically take much longer because they must proceed through trial.


Q: Can one lawyer represent both spouses?

A: An attorney cannot ethically represent both a husband and wife in a divorce action, and at The Law Offices Of Charley Johnson., we are committed to upholding the highest ethical standards.  In many cases, especially in uncontested or collaborative divorces, one spouse's attorney will handle all of the paperwork.  The unrepresented spouse may act as his or her own attorney and deal directly with the represented party's counsel.  However, the attorney cannot divulge any confidential information or give any legal advice to the unrepresented spouse.


Q: How is child support calculated?

A: In Texas, child support is calculated as a percentage of the non-custodial parent's "net resources," allocated as follows:

  • 20% of net resources for one child
  • 25% for two children
  • 30% for three children
  • 35% for four children
  • 40% for five children
  • No less than 40% for six or more children (subject to certain maximum limits)

Q: How much are attorneys' fees and costs?

A: It is difficult to estimate a total cost of a divorce or other family law proceeding because each case requires a different amount of attention and time.  

Criminal Law FAQs

  • How much are attorneys' fees and costs?
  • I was arrested.  Should I talk to the police?
  • If I get pulled over for drunk driving, should I take the breath test?
  • What should I do if my child was arrested?

Q: How much are attorneys' fees and costs?

A: Each criminal law case is different.  For many of the criminal law cases we handle, there is a flat fee for that type of case.  Other cases are more complex and may require an alternative type of billing.  If you have been arrested and charged with a crime, it is best to contact our office and come in for a consultation; we can then evaluate your case and provide an estimate as to what your fees might total.


Q: I was arrested.  Should I talk to the police?

A: The United States Constitution affords every citizen the right to refuse to speak to the police without an attorney present.  If you do talk to the police, you risk saying something incriminating or that the prosecutor will later use against you during your trial.  No matter how serious a crime you are being accused of committing, it is always in your best interest to refuse to speak to the police without an experienced criminal defense attorney present.



Q: If I get pulled over for drunk driving, should I take the breath test?

A: Under the Texas Transportation Code, when you drive on Texas's roads, you give implied consent to field sobriety tests.  You can refuse to take the field sobriety test, but you will face consequences.  During your trial, the prosecutor can introduce the fact that you refused a test into evidence.  This can change how the jury perceives you.  If it is your first DWI offense, you face a license suspension of 180 days if you refuse the test (instead of 60 days if you took the test and failed).  If it is your second or third DWI offense, you face losing your license for two years (instead of 120 or 180 days, respectively).

In certain situations, Texas law allows law enforcement to force you to provide a sample.  If the officer believes that someone has died, will die, or has suffered severe bodily harm because of the accident, he or she can force you to provide a sample.


Q: What should I do if my child was arrested?

A: The most important thing to do is consult with an attorney who has significant experience handling juvenile cases.  These cases are very different from regular criminal cases as they are meant to encourage rehabilitation instead of branding children as criminals.  An experienced attorney can explain your options as a parent and inform you as to the potential disciplinary action your children might face if they are found to have committed a delinquent action.