Although the divorce process is largely the same overall throughout the country, each state including Texas may have specific rules that must be followed for filing for divorce.
A knowledgeable Texas divorce lawyer is the right person to ensure proper filing and procedure as well as provide other critical guidance throughout this process.
These tips below made by divorce attorneys provide a helpful overview of important things to know prior to filing for a Texas divorce.
1. How Long Will A Texas Divorce Take?
A Texas divorce takes a minimum of 60 days to be finalized as Texas has a mandatory waiting period of that long.
There are no ‘quickie’ divorces permitted, whether you were married in a church, by a judge, or have a common-law marriage.
Also, at least one spouse must be a Texas resident for at least 6 months and one must be a resident of the filing county for at least 90 days.
2. Are Grounds Needed for Filing A Divorce In Texas?
Texas is a no-fault state which means you can get a divorce even if there is no actual fault.
A divorce lawyer can file for you based on grounds of insupportability which means that discord or conflict have made it impossible to live together and there is no chance of a reconciliation.
3. How Does Filing Affect Your Living Situation?
Divided living situations like separation, separate living spaces, use of vehicles, and the payment of existing debt must be agreed upon by both spouses while the divorce is in progress.
If spouses cannot agree on these things temporarily while working with divorce attorneys to present a plan to the courts for finalizing, the court can assign temporary orders.
4. Are There Specific Orders That Apply After Filing?
There is a general standing order that applies to all new Texas divorces; however, it is best to confirm it with your divorce lawyer to be certain all suggestions are followed.
These guidelines typically prohibit both spouses from doing things like closing bank accounts, destroying credit cards, modifying life insurance policies, and moving children out of state or changing their school or daycare facility.
5. Will Temporary Orders Be Made?
If any temporary orders end up being necessary because both spouse cannot agree on something before finalization or there are any specific risks present, the court may assign them.
When no orders are made, spouses through their individual attorneys must mediate any conflicts and work out all differences, divide property, and come up with viable divorce, child custody if necessary, and support plans to present for finalization.
6. Can Social Media Accounts Be Used As Evidence?
Yes, statements made on social media can be used as evidence as can medical records, phone and email records, and certain other personal records.
Divorce attorneys stress that It is best to go forward assuming any social media accounts will be used and to avoid making statements that could cause problems.
7. How Will Your Property Be Split?
Texas is a community property state which means that all property determined to be marital property will be split between you and your spouse.
It is also a ‘just and right division’ state, meaning the amount of the split depends on each spouse’s individual circumstances, including whether or not any questionable behavior was exhibited.
8. Will You receive Alimony?
A divorce lawyer will point out not to assume you will receive alimony after a Texas divorce.
Although possible, it is not very likely as the state makes it very challenging to be awarded alimony.
It is only given when a spouse can prove that he or she will be unable to provide for themselves for some reason and lack sufficient personal property to do so as well.
9. How Is Child Support Determined?
The Texas Family Code clearly defines child support amounts from the paying party to simplify the process.
This starts with 20% of the paying parent’s income for the first child, increasing by 5% for each additional child.
10. Where Will You Get Health Insurance?
Once a divorce has been finalized, health insurance is your concern to deal with.
You may be entitled to purchase a plan under your spouse’s plan for a certain amount of time; however, in most cases obtaining health insurance and paying for it will be your concern.
Children are a separate concern and may remain on a spouse’s plan.
11. When Does The Divorce Become Finalized?
A Texas divorce is finalized once all divorce, child custody, and support agreements have been approved by the family court and one spouse appears for a short session before the judge.
The divorce decree will then be signed and the divorce is considered final.
Contact A Texas Divorce Lawyer To Get Started
With these preliminary, preparatory tips, you should have a better idea of what is expected during a divorce.
The most important thing to do at this point is to contact an experienced divorce attorney who can begin the process correctly and help you get through it as quickly and easily as possible!