If you are interested in pursuing a divorce on your own – without professional legal counsel in your corner – it’s important to do your homework. The bottom line when it comes to divorce is that your financial and parental rights are on the line, and going it alone leaves you more vulnerable to negative consequences.
Regardless of the path you choose, the better acquainted you are with the divorce process in Texas, the better protected your rights will be. Further, if you run into problems on the path forward, it’s not too late to retain the skilled legal guidance of an experienced Round Rock divorce attorney.
In Order to File for Divorce in Texas, You Must Meet the Residency Requirements
In order to file for a divorce in Texas, you must meet the state’s residency requirements. These include the following:
At least one of you must have lived in Texas for at least six months prior to filing.
You must file in a Texas county where at least one of you has lived for at least 90 days.
If you and your spouse are no longer living together, you can seek a divorce in Texas as long as both of the above apply. If you and your divorcing spouse are both living in the State of Texas but you’re living separately, you can file either in the county where you live or in the county where your soon-to-be ex lives—as long as the 90-day residency requirement is met.
Filing for Divorce
To obtain a divorce in Texas, one of you must file and have the other served with the divorce papers. If you’re going the do-it-yourself route, however, you and your divorcing spouse are very likely working in unison, and in this case, the spouse who doesn’t file can waive the service requirement in writing.
Keep in Mind that There Is a 60-Day Cooling Off Period
If you’re seeking a DIY divorce, you’re probably interested in putting the matter behind you as quickly as possible. It’s important to keep in mind, however, that the State of Texas imposes a 60-day waiting period or cooling off period after every divorce filing.
This means that even if everything goes your way – including the court’s schedule regarding your proving up hearing – your divorce will take 61 days at the very least.
A proving up hearing is how uncontested divorces – in which both spouses have come to mutually agreed upon divorce terms – are finalized in Texas. This proving up hearing is – for the most part – a formality in which both you and your divorcing spouse will answer basic questions about the terms you’ve agreed to, and in response, the judge will grant your divorce.
Ultimately, either spouse’s testimony can be read at this hearing, so you’re not required to attend.
Your Uncontested Divorce
If you plan on pursuing a do-it-yourself divorce, it very likely means you’re pursuing an uncontested divorce. An uncontested divorce is a divorce in which you and your divorcing spouse ultimately negotiate terms that you’re both willing to sign off on. While no two divorces are exactly the same, the terms that must be resolved are static and include:
Child custody arrangements, which include legal custody and parenting time
Child support
The division of marital assets
Alimony – or spousal maintenance
If any one of these terms becomes a sticking point between you and your divorcing spouse, proceeding without legal representation isn’t advised – your rights are too important and too much hangs in the balance.
Things Can Go South Along the Way
It’s also important to keep in mind that even if you and your divorcing spouse are of one mind regarding your divorce terms and are both committed to obtaining a DIY divorce, there is no guarantee that you won’t face hiccups along the way.
For example, if your divorcing spouse begins to tweak the terms you’ve hammered out between yourselves, they may be chipping away at your rights, and before you know what hits you, you could be facing divorce terms that are not in keeping with your best interests.
If you feel like you’re making a lot of concessions regarding your divorce terms, it’s probably time to seek the trusted legal representation of a practicing divorce attorney.
Emotions Are Likely to Run High
You and your divorcing spouse may be on exactly the same page when it comes to wanting a DIY divorce that cuts directly to the chase, but emotions tend to run very high in divorce. When people experience the kind of roller-coaster emotions that generally go hand in hand with divorce, one or both of the involved parties can have a change of heart regarding the terms.
In fact, as seasoned divorce attorneys, we see many divorcing couples who began in perfect unison go very far off course in what seems like the blink of an eye. It’s difficult to say what might change a divorcing spouse’s mind, but it’s not uncommon, and it can translate to an uncontested divorce. This is a sure sign that you need an attorney backing you up.
Working closely with a knowledgeable divorce attorney from the outset can help keep your case moving steadily toward a favorable and efficient resolution. In other words, skipping the DIY approach and getting down to brass tacks from the beginning—with your respective divorce attorneys in tow—can save you time, money, and heartache in the long run.
Consider the Terms of Your Divorce
It’s all very well to think about the terms of your divorce in theory, but once you get down to the matter of negotiations, there are many factors that need to be taken into consideration. Failing to put in the necessary effort up front—prior to divorce—can leave you with less-than-adequate terms upon divorce that can interfere with your rights.
When it comes to your divorce terms, it’s important to carefully consider every negotiated detail. The only way to proceed with the peace of mind that comes from knowing the terms you’re signing support your parental and financial rights is by carefully assessing them through the lens of a legal professional, which is a benefit that isn’t available to you in a DIY divorce.
Your Child Custody Arrangements
In Texas, child custody is determined in terms of both legal and physical custody.
Legal Custody
Legal custody relates to you and your ex’s decision-making authority regarding primary parenting matters like the following:
Where your children make their primary home
The medical attention your children receive
The schooling your children receive
The extracurriculars and travel your children participate in
The religious education your children receive
You and your ex can continue making these decisions between yourselves, but one of you may be granted tie-breaking powers for those occasions when no consensus can be reached. Additional options include dividing these primary decisions between you according to category or one of you being awarded sole legal custody and making these decisions on your own.
The parent who has the children at any given time is responsible for making those everyday parenting decisions that arise around the clock, and the parent who is most readily available is called upon to make any necessary decisions in the event of an emergency.
Physical Custody
Physical custody determines you and your ex’s parenting time schedule, which determines when your children are with each of you. In Texas, decisions that directly affect children are determined in accordance with their best interests, and Texas courts believe that children are better off when they can spend a significant amount of time with each parent.
While one of you may become the primary custodial parent – who has the right to determine your children’s primary residence and with whom the children spend the majority of their overnights – the other parent can expect a generous parenting time schedule.
Child custody terms are among the most hotly contested divorce terms in Texas, and getting it right is important. If you don’t feel like your parental rights are well protected as negotiations in your DIY divorce proceed, it’s not too late to discuss your case with a well-respected divorce attorney.
Child Support
Child support in Texas is calculated according to highly specific state guidelines that don’t leave a lot of room for negotiations. There are, however, circumstances that can tip the scales in terms of child support orders. Generally, the parent who has higher earnings makes the child support payments to the other parent – even when parenting time is split evenly.
It’s important to note that Texas courts take children’s unique needs into consideration when calculating child support, including any special needs – in addition to factors like the following:
The cost of health insurance and out-of-pocket medical expenses for your children
The distance you and your ex live from one another and the cost of traveling back and forth for visitation
The cost of your children’s daycare and schooling
The amount of parenting time each of you is awarded with your children
Any intentional unemployment or underemployment on the part of the parent who is required to pay child support
If you believe there are extenuating circumstances that might entitle you to more child support – or that might decrease your obligation – proceeding with a do-it-yourself divorce is unlikely to serve your best interests.
The Division of Marital Property
The division of marital property is another primary divorce concern, and because it will directly affect your financial future, you shouldn’t let much slide in this arena. In Texas, every asset or property that you, your spouse, or you and your spouse together came to own while you were married is considered marital.
If you divorce, you’ll need to divide these assets between you fairly in relation to factors like the following:
The length of your marriage
Whether wrongdoing played any role in the dissolution of your marriage – even in a no-fault, DIY divorce
Any dissipation of marital funds, such as by hiding, spending down, or giving away marital assets
Each spouse’s contributions to the marriage, including in the form of homemaking and caring for the children
The tax consequences of the proposed division
Each spouse’s separate estate and the size of the marital estate
Any assets that you or your spouse owned prior to the marriage and kept separate throughout the marriage remain part of that spouse’s separate estate, but over the course of a long marriage, the dividing line between marital and separate can become hazy.
In other words, just because your spouse claims an asset as their own or lays claim to something you believe is yours alone doesn’t necessarily make their claim true. When it comes to the division of marital property, there are no do-overs – other than cases involving fraud. Before you sign, discussing the matter with a focused divorce attorney is always advised.
Alimony
Alimony can be tricky because it’s only awarded in cases that leave one spouse without the means necessary to cover their reasonable needs—in relation to the standard of living achieved during the marriage. While your divorcing spouse may have you convinced that you don’t fall into this category, getting a second opinion may not be a bad idea.
An Experienced Round Rock Divorce Attorney Is Standing By to Help
Brett Pritchard at The Law Office of Brett H. Pritchard is an accomplished divorce attorney – proudly serving Round Rock for more than 20 years. He appreciates your desire to streamline your divorce and has the experience, legal insight, and focus to help make that happen.
To learn more, please don’t hesitate to contact or call us at 254-781-4222 and schedule a free consultation today.