Getting a divorce is one of the most difficult and painful events in the life of a family-for both the parents and the chidlren. Individuals often experience a wide range of emotions including anger, fear, sadness and resentment and these feelings may cloud their judgment. In addition to being an extremely emotional process, a divorce often involves the biggest financial decision of your life, so it is critical to have a divorce lawyer who can protect your best interests during this difficult period.
Divorce is one of the most difficult and painful events in the life of a family-for both the parents and the children.In Texas, a divorce typically is based on insupportability of the marriage, also known as “no fault” divorce, although a divorce also can be granted on the grounds of abandonment, adultery or cruelty. However, a divorce will not be granted until two issues are determined: conservatorship (i.e., child custody) taking into account the “best interests” of the children and division of the community property (i.e., the property acquired during the marriage, which is also known as marital property).
Divorces may be contested or uncontested. An uncontested divorce is one in which the spouses agree to the divorce, agree to the child custody arrangement, agree to the division of the marital property and agree to the division of their liabilities. In an uncontested divorce, the spouses do all of the decision-making themselves. In an uncontested divorce, one party files the petition to initiate the process. Sometimes, the spouses will ask a mediator to come work with them to help reach logical and sound legal decisions that will not be struck down in court. With the help of the firm's Houston attorneys, the clients have the ability to peacefully decide the terms of their divorce, and get an idea of how their lives will be once the process is complete. Then the parties wait sixty (60) days, go to court, announce that the divorce is not contested, agree on child custody and the property division, and leave the courthouse divorced.
In a contested divorce, both spouses cannot agree and cannot come to conclusions about property division, spousal support, child support or child custody on their own. In such cases, the courts are required to get involved. Each party typically hires an attorney. Depending upon the nature and amount of the marital property and level of acrimony, the divorce usually will take substantially longer than sixty (60) days to finalize.
In a contested divorce, securing the appropriate temporary orders is critical. Temporary orders govern all aspects of the divorce proceeding between the date the petition is filed and the date the divorce is granted, such as spousal support, custody and support of the children, living arrangements of the children, visitation of the children, payment of bills, possession and use of the marital assets–including the family home–payment of attorney’s fees and other procedural matters. In some cases, a temporary restraining order (TRO) may be warranted to prevent harassment or prevent the sale or transfer of marital property.
At Bailey Reyes, we believe it is important to educate our clients about their rights in a divorce, and to guide them through the process from start to finish. We will ensure that you have the ability to make the best possible decisions for your family and your future. Call or email us today to schedule your initial consultation and to learn more about the divorce process.
Texas Divorce FAQs
Does Texas offer legal separation?
Texas family law courts do not have a process for legal separation. If a couple would like to legally separate without officially ending their marriage, they can create their own separation agreement. This would function as a contract and be enforced as such. The family law courts would not enforce the contract.
Is there a waiting period for divorce in Texas?
While the length of a divorce can vary widely depending on its complexity, there is a minimum waiting period of 60 days after the divorce petition is filed before any decree can be made.
Is there a residency requirement to file for divorce in Texas?
Yes, in order to meet the residency requirements, at least one of the spouses must be a Texas resident for 6 consecutive months before the couple can file for divorce in the state. Furthermore, the spouse must also be a resident in the county where the divorce is going to be filed for 90 days or more.