Divorce Attorney

Divorce

Those wishing to end their marital relationship must file for divorce with the family courts. Divorce is the formal dissolution of the marriage and the way to end the marriage through a legal process. Though Texas is a “no-fault” divorce state (i.e. no proof of fault is necessary), there are several grounds for a divorce in Texas. The most common is “insupportability,” or essentially irreconcilable differences (a “no-fault” ground). Other grounds for divorce include adultery, cruel treatment, or abandonment. Texas law mandates that specific requirements be met in a divorce action, as set out by the Texas Family Code, and as per each family court’s rules and procedures. In order to be able to file for a divorce in Texas, a Texas family court must have “jurisdiction” over the parties and/or children. Texas requires (there are some exceptions) that one of the party’s has resided in Texas for at least 6 months before the filing of the divorce, and in the specific county of filing for at least 90 days before filing a suit.

When there are no children involved, the major issues parties will deal with will be the division of property and debt. Texas is a community property state, which essentially means all property, assets, and debts accumulated during the marriage is presumptively “owned” by the parties 50/50. Even while separated, any property you or your spouse acquire while separated, can still potentially be considered as community property.

When there are children involved, the parties will have to address custody issues, rights and duties for each parent, child support, and possession and access (or visitation). Also important to note is that in Texas, there is a mandatory 60-day wait period from the date a divorce is filed until the earliest date it can be finalized; “Day 1” is the day after a Petition for Divorce is filed.

Divorces can be contested or uncontested. An uncontested divorce is where both parties essentially agree to all issues involved in the divorce, which can include the grounds for divorce, division of all assets and debts, and all issues relating to your children (if any). Our office will draft, prepare and file all necessary pleadings and documents to close out your case as soon as practical after the mandatory wait period. These types of cases usually do not involve any litigation. It is not atypical for an uncontested divorce to take three to six months.

If any disagreement arises during the course of the divorce, your case has essentially become “contested.” This may entail one or two disagreements, or many. Contested divorces can take much longer to resolve, depending on if litigation will be necessary or not. The family courts’ dockets are very backlogged, and securing a trial date can be difficult. However, most courts will want a case finalized near a 1-year mark after the case has been filed.

While your divorce case is pending, whether in a contested or uncontested situation, temporary orders may be necessary and can help in the separation of obligations and set parameters for the parties to work within until the case can be finalized. Temporary orders can also help protect a party when there are issues of domestic and/or financial abuse, and when immigration issues may be at a critical turning point.

Most family courts will require that the parties attend mediation during the course of the divorce matter. This can be required at the temporary orders phase, and again as the case moves towards the final stages and potentially trial. Mediation is a great resource and many cases settle at mediation; for the most part, neither party will get 100% of what they want at mediation. A compromise is made to avoid the cost and emotional stress of going to trial.

Divorces can be tough—emotionally and mentally. Filing for divorce is not always an easy decision. We are here to help you walk through the process one day and one step at a time, and work towards protecting your best interests and rights.