Divorce is not a one-size-fits-all type of legal proceeding where the divorcing spouses can fill out a few simple forms, attend a hearing, and be done with it. That’s why we urge anyone considering a divorce to avoid products and services that promise an easy, inexpensive, and fast divorce. Too many people have discovered that attempting to resolve a divorce that way can become a nightmarish experience that is complicated, costly, and lengthy. We suggest that you seek counsel from a family law attorney. Your attorney will guide you through the paperwork required for your divorce, and they will help you navigate the process of weighing your options regarding the various aspects of your divorce as you work towards a resolution of your case. The following three questions and answers are things that divorce attorneys are asked about often. Because so many divorcing Texans want to know about these topics, it’s likely that this information will be of use to you, too.
Texas divorce attorneys are often asked whether Texas courts grant no-fault divorces. The answer is yes, but there’s a catch. A couple can obtain a no-fault Texas divorce on the basis of insupportability only if both spouses agree to do so. Insupportability is the word that the Texas courts use to describe a marriage in which disputes and disagreements that cannot be resolved by the spouses have so damaged the relationship between the spouses that the animosity between them is forcing an end to their marriage. If the spouses do not agree to a divorce on the grounds of insupportability, they must choose a fault-based grounds for divorce upon which to base their complaint for divorce. The options for fault-based grounds for divorce in Texas include adultery, conviction of a felony, confinement in a mental hospital, living apart for three or more years, cruelty, and abandonment.
Prospective divorce clients sometimes ask whether they have to be a Texas resident to get a Texas divorce. The answer is yes. However, the time required to establish residency that meets the requirement for divorce is not long. One or both spouses must live in Texas for at least six months before filing for divorce. Also, one of the spouses must live in the county where they are filing for for at least ninety days before filing.
A third question that is often on the minds of Texans who are contemplating divorce is how the distribution of marital property is handled in Texas. Texas is a community property state. Most property acquired by either or both spouses during the marriage is considered part of the couple’s community property that will be divided during the divorce. If a spouse wants to exclude a specific item or asset from the couple’s community property, they must be able to prove to the court by clear and convincing evidence that they either acquired it before the marriage and kept is separate from their community property during the property or that it was given to only one of the spouses during the marriage.
If you are considering divorce, a Texas Family Law Attorney can answer any questions you may have. Call Texas Family Law Attorney Alex Tyra today, at (903) 753-7499 to schedule an initial consultation. You can also schedule your consultation online by using our online contact form.