Texas Divorce Attorneys
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Divorce can be a daunting journey, but you don’t have to navigate it alone. At our law firm, we’re here to provide you with the support and guidance you need to navigate the complexities of divorce. Whether you’re just beginning to consider divorce or have already made the decision, there are crucial questions to address: What steps should you take first? What can you expect throughout the process? How long might it take? How can our firm assist you? We understand the challenges you’re facing, and we’re dedicated to helping you find the answers and solutions that work best for your unique situation. Our experienced lawyers are ready to provide clarity, insight, and a tailored plan of action to guide you through this important transition.
Divorce processes can vary significantly based on individual circumstances, and the duration of a divorce can range from several months to even a year or two to complete…
Divorcing in Texas
Talking about divorcing or just thinking about filing for a divorce can be an overwhelming prospect. Before taking the next step to pursue a divorce make sure you know:
-how much the divorce may cost;
-what you can/cannot do during the divorce process; and
-what are your goals/ desired outcomes for your divorce
Our lawyers can answer your questions and help guide you through the start of this process.
No two situations are the same and therefore no two divorces are the same.
We tell our clients that they need to be prepared emotionally and physically to take on what, is more likely than not, going to be a very contentious process that may take up to a year or two to complete.
Our law firm is here to guide our clients, step-by-step, through the divorce process.
The unique facts of your case will impact what actions need to be taken in your case, such as:
-temporary orders;
-discovery;
-appointment of an evaluator or amicus; and
-mediation
All of these various steps will extend the lifeline of the case, so it is important to understand what steps you will likely face through your divorce process.
One of our lawyers will want to discuss the specific facts of your situation to get a better assessment in order to discuss with you a tailored plan of action for your divorce. We will also guide you through what to expect through the process, including what the court and alternative dispute processes look like.
An original petition for divorce is filed by a spouse, the filing party is called the “petitioner”. The original petition for divorce contains what the party is asking the court to do or award in the divorce process.
The other spouse has a right to receive notice of the filing and a copy of the original petition for divorce. This is done through serving the other spouse who is called the “respondent”.
Once the original petition for divorce is served, the respondent files their response to the lawsuit through an "original answer" or a "counter-petition".
Divorcing in Texas
In the "Original Petition for Divorce" or "Counter-Petition for Divorce" the moving party can request a divorce based on “fault” or “no fault”. Most people pursue a “no fault” divorce and ask the court to be allowed to divorce based on “insupportability” or the parties have been “living apart” for at least three years. This option is generally the least expensive route and least timely route to pursue.
The Texas Family Code provides that an individual may seek a divorce on “fault” grounds for the following reasons:
· Cruelty
· Adultery
· Conviction of Felony
· Abandonment
Pursuing a divorce solely on the grounds of fault will require that the spouse alleging the fault will be required to prove that there was in fact cruelty, adultery, conviction of a felony, or abandonment.
This proof requires a hearing that requires the party to prepare and put on evidence. The benefit to pursuing this sort of action is that a Judge may decide to divide the community property disproportionally depending on the finding of fault.
It is important to understand that divorces take time. Texas law requires that after filing for divorce, the parties to the case must wait a minimum of sixty (60) days before they can finalize their divorce. There are exceptions to this rule, and it is important that you talk to a lawyer about the facts specific to your case that may serve as a waiver to this waiting period.
Generally, there are immediate issues that need to be addressed in a divorce. In order to get some sort of temporary resolution, the parties will need to set what is called a “Temporary Orders Hearing” which allows a court to immediately decided matters such as:
Which spouse will temporarily pay certain bills?
Which spouse will temporarily remain in the home?
Which spouse the children will temporarily live with/ possession and access of the children?
Whether there should be temporary child support?
Which spouse will temporarily keep possession of certain property (ie: vehicles)?
The parties can come to an agreement on their own about these issues, but where there is no agreement, the court will need to rule on these issues.
It is impossible for an attorney or party to know all of the “evidence” that the other party may have that is relevant to the divorce proceeding. The law provides for a process called “discovery” which is how the parties get to request documents and responses from the party about particular matters.
This is a crucial part of building up a case and finding existing evidence to support your position.
This is the hearing at which all of the issues are heard regarding the divorce. This is also when the Judge (or Jury) will decide all relevant issues including:
· Division of Assets
· Division of Debts
To get to this final hearing, each county is slightly different:
Divorce cases in San Antonio (or Bexar County) may require mediation when the parties request a jury trial and also may require the filing of a sworn Inventory and Appraisement where the parties are requesting that there be a division of the assets and liabilities.
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To file for divorce in Texas, you or your spouse must meet specific residency conditions. You need to have lived in Texas for at least six months prior to filing. Additionally, you must reside in the county where you plan to file for a minimum of 90 days. These requirements help determine the appropriate jurisdiction for your case. If you are unsure about your residency status or need assistance with filing, consider consulting with a legal expert to ensure you meet all necessary prerequisites.
Yes, Texas allows for no-fault divorces. A no-fault divorce can be filed on the grounds of "insupportability," meaning that the marriage has become insupportable due to discord or conflict of personalities, with no reasonable expectation of reconciliation. This type of divorce can often be simpler because it doesn't require proving the fault of either party. However, if there are disputes regarding child custody, property division, or other issues, legal guidance might be necessary to navigate these complexities.
In Texas, there's a mandatory 60-day waiting period from the date of filing for divorce before it can be finalized. This waiting period is designed to allow both parties time to reflect and possibly reconcile or reach an agreement. However, the entire divorce process can take significantly longer, especially if there are contested issues such as child custody or asset division. On average, an uncontested divorce may be resolved in a few months, while contested cases can extend to a year or more. Consulting with a divorce attorney can provide a clearer timeline based on your specific circumstances.
Texas is a community property state, meaning that most assets acquired during the marriage are considered jointly owned and subject to division. The court will typically divide these assets in a manner deemed just and right, which doesn't necessarily mean equal. Factors such as each spouse's earning capacity, contributions to the marriage, and custody of children can influence the division. It's crucial to have a comprehensive list of all assets and liabilities to ensure a fair division. Legal advice can be invaluable in understanding and negotiating your rights in this process.
Organizing financial documents is crucial for a fair division of assets. Key documents include bank statements, investment and retirement account records, real estate documents, vehicle titles, credit card statements, loan documents, and recent tax returns. Gathering these documents helps provide a clear picture of marital assets and liabilities, which is essential for negotiations and court proceedings. If you're unsure where to start, a financial advisor or attorney specializing in divorce can guide you through the documentation process.
Legal guidance is crucial in ensuring that your rights and interests are protected throughout the divorce process. An experienced attorney can provide advice on legal requirements, help with asset division, negotiate custody arrangements, and represent your interests in court. They can also assist in understanding complex legal jargon and making informed decisions. Engaging legal counsel early can prevent costly mistakes and ensure a smoother, more efficient divorce process.
Yes, alternatives such as mediation and collaborative divorce are available in Texas. Mediation involves a neutral third party helping both spouses reach a mutually agreeable settlement. Collaborative divorce is a process where both parties, along with their attorneys, work together to resolve issues without court intervention. These methods can be less adversarial, more private, and often quicker and less expensive than traditional litigation. Discussing these options with a legal professional can help determine if they are suitable for your situation.
In Texas, child custody is referred to as "conservatorship" and can be either joint or sole. Courts consider the child's best interests, looking at factors such as each parent's ability to care for the child, the child's preferences, and any history of family violence. Joint conservatorship is common, allowing both parents to share decision-making responsibilities, though not necessarily equal physical custody. Legal guidance is essential in navigating custody arrangements to ensure the best outcome for your children.
In Texas, child custody is referred to as "conservatorship" and can be either joint or sole. Courts consider the child's best interests, looking at factors such as each parent's ability to care for the child, the child's preferences, and any history of family violence. Joint conservatorship is common, allowing both parents to share decision-making responsibilities, though not necessarily equal physical custody. Legal guidance is essential in navigating custody arrangements to ensure the best outcome for your children.
Protecting your financial interests involves being proactive about understanding and organizing your financial situation. Start by listing all assets and debts, and gather comprehensive financial documentation. Consider consulting with a financial advisor to assess your current and post-divorce financial needs. Legal advice is also critical to ensure a fair division of assets and to address any potential disputes. Proper planning and professional guidance can help safeguard your financial future during and after the divorce process.
To initiate a divorce in Texas, you must file an Original Petition for Divorce with the district court in the county where you or your spouse resides. The petition outlines the grounds for divorce and any initial requests regarding child custody, property division, and support. After filing, you'll need to serve your spouse with the divorce papers. Consulting with an attorney before filing can help ensure that your petition is accurate and comprehensive, laying the groundwork for a smoother divorce process.
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