Six Months Have Passed, I Am Divorced Right?

NO, you are not divorced!!! This is a myth that has gotten a number of people in trouble.

The code provides that you can be an unmarried person in six months and one day after the Respondent was served. Notice, you can be, not you are an unmarried person.

So how does this all work? Say you resolve your case and the Judgment is sent to court three months after the Respondent was served. The court will sign the Judgment and it will become a binding court order. On the face of the Judgment is a place the court stamps the day you are an unmarried person. Since, in this hypothetical, you were done in three months, you have not met the six month time frame. The court will stamp a date six months and one day from the date the papers were served on the face sheet.

Let’s say it takes a year to get the issues resolved. You are not divorced just because the six months passed. You will be married until the court signs the Judgment. Again there is a place on the face sheet where the court will fill in the date you are an unmarried person. So you will be married until the date the court signs the Judgment.

If you want to be an unmarried person as soon as possible, you can request the issue of your marital status be addressed by the court prior to resolving the other issues. This is called a Bifurcation of Marital Status. It is not automatic; you have to formally request it. The court may or may not grant your request depending on issues related to health insurance and/or retirement plans.

Mediation vs. Mediation

Many people get the two confused because the same word is used to describe two very different types of processes.

One is mediation as a form of alternative dispute resolution. The other is mediation provided by the court to assist the parties in working out a custody and visitation agreement for the children.

Let’s start with mediation as the form of alternative dispute resolution. This is a process where the parties work with a neutral third party, the mediator. The mediator can help the parties work out an agreement on all of the issues in a divorce including child custody and visitation. The hope is that the parties will be able to work with the mediator to reach a comprehensive agreement not have to go to court. Issues which can be resolved in mediation include child custody/visitation, child support, spousal support and the division of community property assets and debts. The mediator is an independent person. They may be an attorney, but that is not a requirement. They are not employed by the court.

Mediation through the court is for child custody and visitation issues only. Mediation is required by law when either party brings an issue involving child custody and/or visitation before the court. In other words, a motion is filed with the court asking a judge to decide on custody and/or visitation. The court will order the parties to attend mediation before the court makes an order. The mediator’s in this case are mental health professionals with specific training required by the Family Code. In the mediation session they will not address any monetary or property issues. The mediators are employed by the county and see only cases where a motion has been filed with the court.

The Components Of Child Support

Child support has three different components. You need to know about each component so you are not surprised when the judge makes a child support order.

The first component is the child support amount itself. That is determined by placing information into a DissoMaster or Child Support Calculator and a number then being generated.

The second has to do with health insurance and unreimbursed medical expenses. The Family Code requires both parties to have health insurance for the children if it is available at a reasonable cost. For many couples this does not make sense as many plans do not work together. Spending extra money to have two plans is a waste of money. I try to have parents compare plans and choose the best plan with the best cost and agree the parent with the best plan provide the health insurance for the children. The default is the law if the parent carrying the insurance loses it for some reason. With the cost of plans these days it makes sense to maximize the money available.

The unreimbursed medical expenses fall under health care. Generally each party is ordered to pay one-half of unreimbursed medical costs not covered by insurance. This can include medical, dental, vision, mental health etc. Essentially any expense that would be categorized as a health related expense is covered.

The third component is child care. In most instances the parties are ordered to each pay one-half of work and/or educationally related child care.