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Look Before You Leap: 8 Things Every Couple Should Know Before Getting Divorced in Texas

by | Oct 12, 2016 | Firm News

No-Fault Divorce

The laws in Texas allow for a divorce to be listed as no-fault, but unlike many other states, there is also the option to list who is at fault and why. The courts can take fault into account when dividing assets, so in many cases it is very smart to identify the party that caused the divorce.

Types of Fault

When filing an at-fault divorce, the reasons that can be listed as grounds for divorce can include adultery, cruel treatment, abandonment, one party has been confined to a mental health facility (for a minimum of three years), incarceration for one year or longer, or living apart for three or more years.

Divorce Takes Time

In the state of Texas, couples cannot get a divorce finalized for at least 60 days after filing the papers with the courts. Many divorces will actually take significantly longer due to the complexity of the process.

Dividing Assets

Texas is a community property state, which means that the courts begin the process of splitting assets with the assumption that all assets earned or acquired by both spouses during the marriage are owned equally by the two. If some assets should be considered separate property, the parties must present clear evidence to support that claim.

Texas Residency

In order for a couple to file for divorce in the State of Texas, at least one of them must have been a resident for a minimum of six continuous months. At least one of the spouses must have also been a resident of the county in which they want to file for divorce for at least 90 days.

Potential for Permanent Spousal Support

Spousal support (aka alimony) can be awarded, and in some rare cases it can be awarded on a perpetual basis. In order to be awarded permanent spousal support, the receiving spouse must meet one of four conditions:

  • Violence – The receiving spouse must be the victim of family violence within the past two years (the offending spouse must have been convicted of this violence).
  • Disability – If the receiving spouse is unable to adequately provide for their own needs by working because of a disability (physical or mental) and the marriage was 10 years in length or longer.
  • Child Care – If a child of the marriage has special needs that require a parent to stay home with them on an ongoing basis, and the marriage lasted 10+ years.
  • Inability to Earn – If the receiving spouse is unable to get employment sufficient to support themselves due to an inadequate labor market, and the marriage was 10 years or longer.

Alternative Dispute Resolution

While the courts need to be involved with the divorce process, they don’t need to make the decisions. Many couples are turning to alternative dispute resolution methods such as mediation to come to an agreement on as many issues as possible. This can save time, money, and heartache before, during, and after the divorce.

Putting Children First

When determining physical and legal custody of children, Texas courts always attempt to put the best interests of the kids first. This means they will attempt to make rulings that will foster a strong and healthy relationship for the children with both parents.

Never Divorce on Your Own

If you decide that divorce is the right decision for you, make sure you don’t try to go through it on your own. Contact Frankfurt Law Firm, PLLC to talk with an attorney and make a plan on how you should proceed.