Every couple’s divorce experience is specific to them. Your marriage followed its own path, and your divorce will do the same. The one constant, however, is that there is a range of legal complications that must be addressed. The bottom line is that having professional counsel on your side from the start can make all the difference in terms of how your case is resolved. This makes it in your best interest to speak with an experienced Valley Mills divorce attorney early in the process.

Important Points to Keep in Mind Regarding Your Valley Mills Divorce

There are several primary points to keep in mind as you move through the divorce process in Texas. 

You Must Meet the Residency Requirements

To file for divorce in Texas, one of you must have lived in the state for at least the six months prior. Additionally, one of you must have lived in the Texas county you file in for at least the 60 days prior. If you qualify in two different counties, you can choose the one that makes the most sense for you.

Most Valley Mills Divorces Are No-Fault

Most divorcing couples prefer to hammer out the critical decisions that must be made between themselves, with the skilled guidance of their respective divorce lawyers. This means they generally seek uncontested divorces. An uncontested divorce is based on insupportability, which roughly translates to irreconcilable differences as opposed to basing the case on either spouse’s fault. 

There Are Instances When a Contested Divorce Is the Better Option 

If your divorcing spouse is more interested in making your case as difficult as possible, heading to court may be the right choice. The emotional pressure associated with divorce can push otherwise reasonable people to react in unpredictable ways. If your case is likely headed to court anyway, cutting your losses early on may be advised. 

It should also be noted that the State of Texas does offer fault-based divorce. And if your spouse’s wrongdoing, such as adultery or cruelty, clearly caused your marriage to fail, pursuing a fault-based divorce could be to your advantage in relation to the terms you receive. Your knowledgeable divorce attorney will help you make the right decisions for you.

There Is a 60-Day Cooling-Off Period

Once you file for divorce, there is a mandatory waiting period – or cooling-off period – of 60 days. In reality, however, most couples need at least 60 days to negotiate their divorce terms, and many require far longer.

Your Divorce Terms

The basic terms of divorce that must be resolved in each case do not vary other than in relation to applicability.

The Division of Marital Property

Everything that you, your spouse, or you and your spouse came to own while you were married is almost certainly marital property. All your marital assets must be divided between you fairly upon divorce, and while this may mean equally, it may not. There are wide-ranging factors that help determine the just and right division of marital property in Texas.

Separate property refers to property that either of you owned prior to marriage and kept separate throughout, and it belongs solely to the original owner. Any commingling of marital and separate assets can weaken the dividing line between them.

To begin, all your assets will be considered marital. When either spouse claims separate property in a divorce, they must prove its separate nature, which requires evidence.

Child Custody Arrangements

Texas uses the terms conservatorship and possession and access for legal custody and parenting time. The basics, however, remain the same. Texas bases every child custody determination on the children’s best interests.  This means that – barring a serious reason for ruling otherwise – the parents generally share both decision-making authority and physical custody to some degree. One parent may, however, take on the primary custodial role. 

Child Support

Child support is calculated according to strict state guidelines that focus on the number of children addressed and the paying parent’s income. Typically, the noncustodial parent has the child support obligation. Even when parenting time is shared more equally, however, the parent with higher earnings generally makes the child support payments. 

Alimony

Alimony is called spousal maintenance in Texas, and it is generally only ordered if the marriage lasted at least 10 years and the divorce leaves one spouse unable to cover their minimal reasonable needs. If the other spouse has the financial means to help, they may have an alimony obligation.

Turn to an Experienced Valley Mills Divorce Lawyer for the Help You Need

Brett Pritchard at The Law Office of Brett H. Pritchard is a savvy Valley Mills divorce attorney with decades of imposing experience ably defending the parental and financial rights of our valued clients. The outcome of your case is too important to leave to chance, so please do not wait to contact or call us at 254-781-4222 for more information today.