The emotional chaos of a divorce is never pretty. Depending on your situation, you may be dealing with serious life changes amidst your divorce, and there’s no telling what things will look like for you on the other side. Divorce is never in the cards when you get married. It’s the result of long-time unhappiness, sudden betrayal, or sometimes both. You need to make sure you protect yourself by speaking with a Texas divorce lawyer and making the right decisions.

Getting Divorced in Texas

Realizing that your marriage is coming to an end and divorce is the next step can be an upsetting truth with which to come to terms. You may not be ready to admit that things are over, but the sooner you accept what’s happening, the easier your path forward might be. It is important that you start making conscious efforts to protect your finances and your assets. An experienced divorce lawyer can help you take the correct steps, such as utilizing social media and protecting your assets.

A divorce is not just going to impact you. It’s going to impact everything around you. It will affect your kids, your social circle, your workplace, and especially your financial security. Divorce is not just the signing of a piece of paper. It’s a complete disentanglement of two lives through asset division, child custody arrangements, and spousal support, among other factors. Without an experienced divorce lawyer, you may forget to handle certain elements.

Texas is a no-fault divorce state, which means there is no need to prove wrongdoing by either party in order to move forward with a divorce. The primary ground for no-fault divorce is irreconcilable differences, which essentially amounts to a total breakdown of the marriage. Texas also allows for fault-based divorces due to infidelity, abuse, abandonment, or even a felony conviction.

Significant Elements of Your Divorce

If your divorce is contested, it is unlikely that you and your partner will be able to reach an agreement on anything. It will largely be left to the Texas court system to make decisions for you on the various elements of your divorce. If you and your partner are able to work anything out, such as a parenting plan, the judge will consider it in their decree, but they don’t have to. The judge will have the final say on the following elements of your divorce:

  • Asset division. A judge will consider any agreements you and your partner have regarding asset division, such as a prenuptial agreement. If no agreement exists, then your marital assets, which are called “community property” in Texas, will be divided in accordance with equitable distribution. This ensures assets are divided in a fair and balanced way, which may not be equal.
  • Child custody. When deciding on child custody, the court must always do what they feel is right for the welfare of the child in question. The judge presiding over your case will consider each parent’s wishes, any history of abuse or neglect, the financial situations of both parents, and the child’s wishes if they are old enough to decide who they want to live with.
  • Spousal support. Spousal support, or alimony, may be awarded in a divorce in Texas as a way to give the lesser-earning spouse a way to take care of themselves temporarily while they seek gainful employment. It’s not a given in a Texas divorce. The amount of time the spouse may receive alimony depends on many factors, including the total length of the marriage.

FAQs

Q: How Are Assets Divided in a Divorce in Texas?

A: In Texas, marital assets, or community property, are divided using the concept of equitable distribution. Generally, only the assets acquired during the marriage are up for distribution, including joint and individual accounts alike, investment accounts, real estate, pensions, and anything else in the marriage that was jointly acquired. The court considers each spouse’s earning potential and need for additional support.

Q: Do I Need a Lawyer for a Divorce in Texas?

A: While you technically do not need to hire a lawyer to represent you in a Texas divorce, it is highly recommended that you hire one. You should consider hiring an experienced lawyer whenever you are dealing with legal strife of any kind. The last thing you want is to be caught unprepared when your spouse hires a lawyer to represent them. Having someone on your team who understands the law and can offer help may only benefit you in your case.

Q: How Is Child Custody Decided in Texas?

A: Child custody is decided in Texas by determining what the right thing to do for the welfare of the child in question is. The court’s ultimate loyalty in these cases is to the child, and they will order anything that is considered right for that child. This may include ignoring the parents’ wishes if necessary. The court will take into consideration each parent’s ability to parent, each parent’s home stability, the child’s developmental needs, and more.

Q: Can Anyone File for Divorce in Texas?

A: Yes, either spouse can file for a divorce in Texas, provided you meet the standard requirements. To file, at least one spouse has to be a Texas resident for at least six months, and at least one spouse has to be a resident of the filing county for at least 90 days prior to filing. Make sure your petition is properly filled out as well. An experienced lawyer can ensure you file the right paperwork and meet the deadlines.

A Divorce Lawyer Can Help You

Dealing with a divorce can be stressful, emotional, and overwhelming, especially if you are trying to handle the finer details on your own without the help of an experienced divorce lawyer. A good lawyer can help you build a plan to make sure you aren’t taken advantage of and your interests are properly protected. At Stange Law Firm, we can provide you with the help you need. Contact us to speak to a valued team member about what we can do for you.