Texas Divorce Guide – Your Path to a Fresh Start! - Reynaldo Garza, III

Getting a divorce is relatively easy in most cases as long as spouses are aware of the process and how it proceeds.

Still, it is highly recommended that spouses each find a divorce lawyer with whom they feel comfortable and who can guide them through their divorce.

There are many details to understand and decisions to make, some of which a divorce attorney can advise about.

This brief divorce guide can help any spouse seeking help from a divorce law firm know what to expect and how to get started on the path to their fresh start in life.

1. What Is The Process of Getting Divorced?

Getting divorced involves the same basic 5-step process, regardless of how simple or complex the divorce turns out to be, steps that a divorce lawyer will guide clients through, including:

Filing the Divorce
Serving the Papers
Attempting Mediation and Settlement
Going to Court if Mediation is Unsuccessful
Finalizing the Divorce

2. How Does Someone File for Divorce?

Filing for divorce involves filing legal papers with the county, serving the other spouse, and waiting for their response so the case can move forward.

At least one spouse must meet Texas residency requirements of 6 months in the state and 90 days in their county for the filing spouse’s divorce attorney to file the papers for them and start the process.

The served spouse may return a response of contested, uncontested, or no response at all, all of which dictate how the case will progress.

3. What Are the Grounds for Divorce?

Texas recognizes no-fault divorce and divorce with grounds.

Those wondering which option is best for their circumstance should discuss it with a divorce law firm that can explain the pros and cons of each.

Grounds for an at-fault divorce can include adultery, bigamy, mental illness, mental incapacity at the time of marriage, mental or physical abuse, alcohol or drug abuse, fraud, desertion, and certain other grounds.

4. How Long Does A Divorce Take?

A Texas divorce takes a minimum of sixty-one days, as there is a sixty-day mandatory waiting period once the divorce petition has been filed with the county.

During this time, divorce lawyers usually help their clients work through and negotiate their cases so a divorce agreement is ready for review by the court and signing once the waiting period has passed.

More complex cases may take considerably longer.

5. What Happens to Property and Debt?

Texas is a community property state.

During the negotiations phase of the divorce, spouses and their divorce attorneys must identify all marital property and marital debt, then negotiate to divide it.

Community assets and debt will be fairly divided based on the situation, as there is no requirement to divide them equally.

These negotiations will include owned properties, including the family residence, which can either be liquidated or negotiated to allow one spouse to retain ownership when possible.

6. How Are Healthcare and Retirement Handled?

During a divorce, the court may issue temporary orders that require healthcare arrangements to stay the same until after the divorce is final.

Spouses losing healthcare must be given time to find their own healthcare during this time.

Retirement accounts are considered marital assets that are subject to division in a divorce, though the methods by which this is done can be complex.

An experienced divorce attorney or estate attorney should assist with this process.

7. How Is Child Custody and Child Support Determined?

In Texas, joint conservatorship is preferred and will be awarded unless there is some reason why this should not be the case.

Child support, visitation agreements, decision-making rights, and other issues relating to custody and care are all negotiated like every other part of the divorce, then presented as an agreement for court approval.

Contact An Experienced Divorce Law Firm For Guidance Through A Divorce

When seeking a divorce, the right divorce law firm can make a huge difference for spouses pursuing a fresh start.

Find an experienced and compassionate divorce lawyer who is highly knowledgeable in the process and can provide essential guidance for moving through it.

With the help of a skilled divorce attorney, spouses can agree on the fairest divorce in the fastest possible time and move on with their lives.