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Specialty tag(s): Divorce
The basics you should understand when you’re considering a Texas divorce include:
The term “no-fault divorce” means that it is not necessary to prove that either spouse is at fault for the end of the marriage. Conversely, spouses may file for divorce on fault-based grounds. Fault-based determinations may provide a court with the authority to award the spouse not at fault with more community property than the spouse at fault.
Texas family law details seven grounds for divorce, divided between no-fault grounds and fault-based grounds.
No-Fault Grounds
Fault-Based Grounds
Every family and divorce scenario is personal and nuanced. Ultimately, filing for a fault or no-fault divorce is up to the person filing and will depend on the specific situation. If you’re facing an imminent divorce, it’s important to discuss your options with an experienced family law attorney who can help guide you through the process of seeking a divorce.
With the help of your experienced Texas divorce attorney, a few issues must be evaluated before filing for a divorce. Start by determining the grounds for divorce. Then, obtain and file the required paperwork. A good starting point to get the necessary divorce-specific forms is the Texas Supreme Court, but make sure that your county doesn’t have its own required paperwork first. The minimum paperwork submitted to the court for a divorce should include an original petition and summons for divorce, a citation or waiver, a decree of divorce, and a notice of service to inform the other spouse about the divorce.
Discuss with your divorce attorney whether you should also file a temporary restraining order that blocks both parties from moving and from selling or destroying property.
The basic steps for a Texas divorce are:
In the simplest, most straightforward cases, a divorce may take as few as 60 days, but it can also take much longer than that. Texas requires a 60-day waiting period before a divorce may be finalized, which begins on the date the divorce paperwork is filed; if both parties are in agreement, the divorce may be finalized following this waiting period. However, if the parties do not agree on some issues, resolving points of contention can take much longer, depending on the complexity of the contested issues and the court’s schedule. A divorce in which the parties are deeply in opposition on some or all of the core issues may take anywhere from several months to more than a year to finalize.
Even in no-fault divorce cases, the 60-day waiting period applies. However, if you and your spouse agree on terms, you can finalize the no-fault divorce immediately after the 60 days are over.
The total cost of a divorce varies depending on the couple’s unique situation, ranging from a few thousand dollars for amicable cases to tens of thousands of dollars for couples whose divorce cases go to trial. A retainer for an average divorce case is typically in the range of $3,000 to $15,000. The retainer for a contested case varies depending on the facts and could be more than $20,000. Family law attorneys charge an hourly rate of $250 to $600 per hour or more.
Establishing your goals early on and being strategic in how you work to accomplish them can help to make your divorce more cost-effective.
Texas allows spouses to divorce without separating for any specific amount of time.
No. Unlike many other states, Texas law does not provide any process for legal separation, which would allow couples to live legally separate lives without actually divorcing.
To formally open a divorce in Texas, at least one spouse must have lived in Texas for a minimum of six months. In addition, the divorce petition must be filed in a county in which one of the spouses has lived for at least 90 days.
You can seek alimony, also called spousal maintenance, in some circumstances.
As a general rule, spousal maintenance is not warranted unless the requesting spouse has exercised diligence in seeking to earn sufficient income to provide for their minimum reasonable needs or in developing the necessary skills to provide for their minimum reasonable needs during the couple’s separation and during the divorce process. A spouse may also seek spousal maintenance if they have a disability that prevents them from taking care of their own needs. In these situations, a judge may award up to $5,000 per month or 20% of the paying spouse’s income, whichever is less, for a fixed period of time.
The ten-year rule in Texas applies to spousal maintenance. While spousal maintenance is generally not awarded in Texas, the chances of it being awarded are higher for a couple that has been married for ten years or more.
Courts decide property division equitably, which doesn’t necessarily mean equally. The factors considered in determining an equitable division of marital property include age, children, attorney’s fees, ability to pay, employability, and education. Texas is a community property state, meaning that the court assumes that all of the property acquired by either person is community property. However, if you can prove that something is your separate property, then you will have rights to it that cannot be taken away in a divorce.
No, Texas is not a 50/50 divorce state. The court will divide a couple’s assets according to what is “just and right,” which may not be an even split. Several factors are considered when deciding how to divide property, including the length of the marriage, spousal needs, financial independence, contributions to the marriage, conduct of the spouses, separate property, and other relevant factors.
There is no presumption of a 50/50 split in terms of child custody, either. Texas prioritizes the best interests of the child, but it is possible to achieve an equal parenting schedule if it benefits the child and both parents can cooperate effectively. The court assesses each parent’s ability to be present and engaged in the child’s life, considering factors like prior involvement and willingness to work on the parent-child relationship.
A temporary emergency protective order may be issued in urgent situations to protect the complaining spouse or family member from domestic violence. The temporary emergency protective order may force the other spouse from the home without a hearing under certain circumstances.
A temporary emergency protective order is only valid for 20 days, and during that time, a final hearing will determine if a longer protective order should be issued. At the final hearing on the protective order, the court must find whether family violence has occurred or is likely to occur in the future. Once a protective order is issued, if it is violated, the police can be called, and they may enforce the order by arresting the offender.
Generally, a protective order will last two years. It may also include provisions for the person found to have committed violence to complete a battering intervention and prevention program, attend counseling, and/or complete other requirements.
You are not required to hire a lawyer to get a divorce, but it’s highly advisable in order to protect your best interests. Note that if you do hire a lawyer, the lawyer cannot represent both parties; each party must retain separate legal counsel.
Alternative dispute resolution refers to methods for divorcing couples to negotiate the terms of their divorce outside of the courtroom. Two common ADR methods used in divorce are mediation and collaborative law. Both processes are confidential and allow for creative and customized problem-solving for divorcing couples.
Collaborative Divorce is an option for divorcing spouses to keep their divorce out of the courtroom. A divorcing couple is more likely to come out feeling satisfied when they resolve matters amicably without court intervention. In a Collaborative Divorce, specially trained lawyers and neutral professionals, including mental health and financial experts, use a team approach to help the spouses develop equitable solutions, focusing intently on the needs of the whole family. The level of hostility in a Collaborative Divorce is drastically reduced, and the goal is to produce a settlement that maximizes assets and relationships. The average Collaborative Divorce is resolved in four to six joint meetings that are typically two hours in length.
If you have additional questions about your specific situation, contact Goranson Bain Ausley to schedule a consultation with one of our family law attorneys. We have skilled advocates at our Dallas, Plano, Fort Worth, Granbury, and Austin offices waiting to serve you.
Our attorneys are experienced in all aspects of family law and will guide you through each step of the process, ensuring you have the information you need to make wise decisions and prepare for the future.
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