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.

Most divorces happen because the spouses have decided that they do not want to be married to each other. Unfortunately, some couples in Texas are considering or who have considered divorce even though they want to be married to each other. Economic pressures associated with caring for disabled children have pushed some couples to think about divorce when the topic would never get discussed for any other reason.

For example, one couple reports that the Social Security Administration has informed them that they earn too much income to qualify for assistance from the United States government that would help them pay for the medical care that their daughter needs. Their daughter has Rett Syndrome, a rare, non-inherited genetic disorder, which requires a great deal of specialized care, support and resources for everyday living. The girl cannot speak, nor can she eat solid food. She needs specialized equipment to help her walk. The expenses associated with the care that the girl’s condition requires go well beyond what the family pays out of pocket for their private health care. The government’s reply to their request for financial assistance is that they must get divorced, earn less money, or have another child.

The parents of a three-year-old girl with cerebral palsy face a similar situation. Her parents have had to consider divorce to obtain the long-term care benefits that she will need throughout her lifetime. The benefits that would be available to the girl’s mother as a single parent would be adequate to provide what her daughter needs. The couple wants to remain married, and they have decided against divorce, trusting that they will find some other way to care for their daughter beside doing what, for them, is not an option.

Instead of divorce, some couples are choosing to move out of state to places where the help they need is easier to get. Others are paying for what therapies and treatments they can while knowing that there’s more they could be doing for their disabled children. Many of these families are working to influence lawmakers to change the rules that place couples in the position of feeling like they have to choose between their marriage and the health care needs of their disabled kids.

Aside from forcing couples who want to remain married to think about divorce, there is another equally troubling facet to the idea of considering divorce to obtain health care benefits for an ill or disabled child. Doing so might be fraudulent. Under Texas law, a couple can divorce if they can show that their continued marriage is insupportable due to discord or personality conflicts between the spouses that have destroyed the purpose of the marriage relationship and prevent any reasonable expectation of reconciliation. If a couple wants to be married, and their reason for divorce is to enable one of them to qualify for health care benefits, they are not truthful if they state on their divorce paperwork or in court that they are divorcing because of marital discord. In other words, their divorce filing would be fraudulent.

If you are considering divorce, a Texas family law attorney can help you understand whether your reasons for wanting a divorce fall within the law’s guidelines for when a Texas divorce will be granted. Call (903) 753-7499 today, to set up an initial consultation with Texas Family Law Attorney Alex Tyra. You can also visit our web page anytime to submit an online contact form.