Texas Divorce Law

Getting a divorce is often a difficult and emotional process. If you’re considering ending your marriage in Texas, it’s important to understand the state’s divorce laws. This guide will walk you through the key aspects of Texas divorce law and highlight how a lawyer can help you through this challenging time.

Grounds for Divorce in Texas

Texas allows both fault and no-fault divorces. The most common ground for divorce is “insupportability,” which means the marriage has become unworkable due to disagreements or conflict. This is a no-fault option that doesn’t require proving wrongdoing by either spouse.

Other grounds for divorce in Texas include:

• Living apart for at least 3 years
• Confinement in a mental hospital
• Adultery
• Cruel treatment
• Abandonment
• Felony conviction

A Texas divorce lawyer can advise you on which grounds may apply to your situation and the potential impact on your case.

Residency Requirements

To file for divorce in Texas, you or your spouse must have lived in the state for at least 6 months. You also need to have lived in the county where you’re filing for at least 90 days.

If you’re unsure about meeting these requirements, an attorney can review your situation and help determine where and when you can file.

Filing the Petition

The divorce process starts when one spouse files a petition with the court. This document outlines the grounds for divorce and any requests regarding property division, child custody, and support.

Serving the Other Spouse

After filing, your spouse must be formally notified of the divorce petition. This is called “service of process.” A Texas divorce lawyer can handle this step to ensure it’s done correctly.

Waiting Period

Texas has a 60-day waiting period from the date of filing before a divorce can be finalized. This gives couples time to potentially reconcile or work out agreements. However, in cases of domestic violence, a judge may waive this waiting period.

Temporary Orders

While the divorce is pending, you may need temporary orders to address immediate concerns like living arrangements, financial support, or child custody. A Texas divorce lawyer can help you request appropriate temporary orders to protect your interests during this time.

Property Division in Texas Divorces

Texas is a community property state. This means that most property acquired during the marriage is considered to belong equally to both spouses, regardless of who earned or purchased it. However, the actual division of property in a divorce isn’t always a simple 50/50 split.

Factors considered in property division include:

• Each spouse’s earning ability
• Fault in the breakup of the marriage
• The health of each spouse
• Which parent has primary custody of the children

Separate property, which includes assets owned before marriage or received as a gift or inheritance, generally isn’t divided in a divorce. However, proving something is separate property can be problematic. A Texas divorce lawyer can help you identify and protect your separate property.

Spousal Support in Texas

Texas law doesn’t favor long-term alimony. To qualify for spousal support, you generally need to show that:

• You lack the ability to earn enough to meet your basic needs, and
• You were married for at least 10 years, or
• Your spouse was convicted of family violence, or
• You have a disability that prevents you from working, or
• You’re caring for a child with a disability

Even if you qualify, spousal support is usually limited in amount and duration. An attorney can help you understand your rights and obligations regarding spousal support.

Child Custody

In Texas, child custody is referred to as “conservatorship.” The law presumes that joint managing conservatorship (shared decision-making) is in the child’s best interest. However, this doesn’t necessarily mean equal time with each parent.

Factors in determining custody include:

• The child’s wishes (if they are old enough)
• Each parent’s capacity to take care off the child
• The child’s current living situation
• Any history of domestic violence

A Texas divorce lawyer can help you develop a parenting plan that works for your family and advocate for your rights as a parent.

Child Support

Texas uses guidelines based on the non-custodial parent’s income to determine child support. However, the court can deviate from these guidelines in some cases.

Factors that might affect child support include:

• The income of both parents
• The amount of time the child spends with each parent
• The child’s healthcare and educational needs
• Any special needs of the child

A Texas divorce attorney can help ensure that child support is calculated fairly and accurately in your case.

Uncontested Divorce

If you and your spouse agree on all issues, you may be able to have an uncontested divorce. This can be faster and less costly than a contested divorce. However, even in an uncontested divorce, it’s wise to have a lawyer review your agreement to ensure your rights are protected.

Contested Divorce

When spouses can’t agree on one or more issues, the divorce is considered contested. This often involves:

• Mediation to try to reach agreements
• Discovery (gathering information from each other)
• Court hearings
• Possibly a trial

A contested divorce can be much more involved and time-consuming. Having a Texas divorce lawyer to guide you through this process is highly beneficial.

Mediation in Texas Divorces

Many Texas courts require couples to attempt mediation before going to trial. In mediation, a neutral third party helps you and your spouse try to reach agreements.

Benefits of mediation include:

• More control over the outcome
• Potentially faster resolution
• Often less costly than going to trial
• Can help preserve a working relationship for co-parenting

Even in mediation, it’s important to have a Texas divorce lawyer to advise you on your rights and review any agreements before you sign.

Why You Need a Lawyer for Your Texas Divorce?

While it’s possible to handle a divorce on your own, having a lawyer can make a big difference in the outcome of your case. Here’s why:

Understanding Your Rights

Divorce law can be complicated, and it’s easy to make mistakes that could cost you in the long run. A lawyer can explain your rights and help you make informed decisions.

Protecting Your Interests

A Texas divorce lawyer will advocate for your interests in property division, spousal support, and child custody matters. They can help ensure you get a fair settlement.

Handling Paperwork and Deadlines

Divorce involves a lot of paperwork and strict deadlines. A Texas divorce lawyer can manage these details so you don’t risk your case being dismissed or delayed.

Negotiating on Your Behalf

Your lawyer can handle negotiations with your spouse’s attorney, which can be especially helpful if you have a contentious relationship with your ex.

Representing You in Court

If your case goes to trial, having an experienced lawyer to present your case can significantly impact the outcome.

Reducing Stress

Divorce is stressful enough without having to navigate legal procedures on your own. A lawyer can handle the legal aspects, allowing you to focus on moving forward with your life.

Avoiding Mistakes

Common mistakes in DIY divorces include:

• Overlooking assets or debts
• Agreeing to unfair terms
• Not understanding the long-term implications of agreements
• Missing important deadlines

A Texas divorce lawyer can help you avoid these mistakes.

Get Legal Help from a Texas Divorce Lawyer

If you’re facing a divorce in Texas, don’t go it alone. A skilled divorce lawyer can guide you through the process, protect your rights, and help you achieve the best possible outcome.

Remember, the decisions made during your divorce can affect you and your children for years to come. Getting good legal advice now can save you time, money, and stress in the long run.

Ready to speak with a Texas divorce lawyer? Use LegalMatch today to find an experienced attorney who can help with your case. Our service is free and confidential, and we can connect you with a lawyer who fits your needs and budget. Don’t wait – get the legal help you need to move forward with your life.