Divorces can be a difficult experience, both emotionally and financially.
When couples decide to get divorced, the process can be long and difficult. If you are in Texas and considering divorce, it is important to find a good divorce attorney who can help guide you through the process. A divorce attorney can help you understand your rights and options and can represent you in court.
An Overview of the Divorce Process in Texas
There are many things to consider when getting a divorce, such as division of property, child custody, and child support.
Before you begin the process, you should be aware that in Texas, you are either married or divorced. Legal separation does not exist.
If you and your spouse have resided in Texas for at least six months prior to your divorce, you can file your divorce petition in your local county courthouse. You must have lived in that county for at least 90 days prior to filing for divorce. If you have moved within the past ninety (90) days, you will have wait until the ninety first (91) day to file in the new county.
Fortunately, in Texas, you do not need to give a cause for your divorce or establish that your spouse did anything wrong in order to file. This is known as a no-fault divorce, and all you have to do is say that you and your spouse are incompatible.
When you submit your documents, you must pay the court a filing fee. The amount of the fees can vary by county. You can apply for divorce without your spouse's permission, but you must notify them. This entails hiring an official process server to serve the notice to your spouse and having that server submit the Return of Service with the clerk.
A spouse can also choose to forgo their entitlement to service, which might be beneficial in some situations. In any case though, before a judge may give you a divorce, you must wait 60 days from the date you file the petition.
Divorce Cases in Texas are Taken to Court
A "prove-up" will be required if you and your spouse have agreed to all of the terms of the divorce. In the case that the divorce is contested, or you and your spouse can't agree on the conditions of divorce, a Texas judge or a jury will decide the outcome of your case. Your case is complete when the court signs a final order and the 30 day appeal period has expired.
Texas Divorce Cases: Signing the Decree
Signing a Final Decree of Divorce is the last step in the Texas divorce procedure. When both parties have agreed to the conditions of the divorce, this document is signed and returned to the court. At the prove-up hearing, the judge will sign the documents after you both sign them. Your divorce is complete once you have been in court to show your case and the judge signs your Decree.
Property Division in a Texas Divorce
In Texas, the property division process during a divorce is generally carried out in a way that is equitable, meaning fair. Because the law requires fairness and because most lives are not so neatly ordered, often this will involve negotiations back and forth with your spouse to identify the marital property, value that property, and then come up with a fair way to divide it. Most courts require an inventory to be completed by each spouse. In the inventory, all community property and separate property must be listed and each spouse can then propose a division of the property. Division of property is the most complex part of getting divorced.
The parties may agree on the division of their property and debts. If they do not agree, then the court will decide how to divide the property either at a bench trial or a jury trial.
It should be noted that, in Texas, the character of property is constitutionally defined and very specific. Property gained during a marriage generally (community property) belongs to both spouses, while property acquired before the marriage remains the separate and sole property of the spouse who brought it to the marriage. As with everything else in a divorce, there are some nuances to these rules as well.
Child Custody in a Texas Divorce
If you have children of the marriage, then the custody issues will have to be resolved at the time you divorce. For more details about child custody, click here to visit the child custody page.
Spousal Maintenance in a Texas Divorce
The purpose of spousal maintenance (alimony) in Texas is to provide support for a spouse who lacks the ability to become self-supporting. The amount and duration of maintenance payments are determined by a number of factors, including the couple's income and property, the spouse's needs, and the length of the marriage.
This award is typically in the form of periodic payments from the other spouse, and is designed to help the receiving spouse maintain a reasonable standard of living. In order to be awarded spousal maintenance, the receiving spouse must show that they are unable to support themselves financially and that they meet certain other criteria, such as being unable to work due to illness or having to take care of children.
How Long Do Divorce Processes Take in Texas?
Divorce cases can be as short as 61 days and as long as several years. How long your divorce takes is dependent on how well you work together with your spouse to provide all the necessary information and come to an agreement. If no agreement can be reached, then your case will require a trial which can last from 2 hours to several days. Trials can be expensive and uncomfortable. Often, the length of time a divorce takes can be longer when one spouse is not being cooperative.
Chase Jones Law
It is important to get a divorce lawyer in Texas who is on your side and will fight for you both in and out of the courts if you're going through a divorce. You'll be relieved to know that your divorce, no matter how difficult, is in the capable hands of a professional.
If you are contemplating divorce or are already in the process, Chase Jones Law is here to help. You can find out more about Chase Jones by visiting this page, or you can call us right away at (832) 219-8711 to schedule an appointment.
When you are ready, I am ready to help you get through your divorce.