Every divorce involves its own unique challenges and follows its own unique course, but the terms that must be resolved do not change from case to case. Divorce is the dissolution of a marriage contract, and there is a wide range of legal complications that can arise on the path forward toward finalization. The most important step you can take at this juncture is retaining the focused legal representation of an experienced Westcliff divorce attorney at The Law Office of Brett H. Pritchard. 

Take a Deep Breath and Focus 

If your spouse is seeking a divorce or if you have come to the difficult decision that you need a divorce, it is only natural to experience considerable anxiety. You will need to allow yourself space to come to terms with your feelings and to process them according to your own emotional schedule. You will also, however, need to focus on the legal case ahead, and the sooner you have an accomplished divorce attorney on your side, the better. 

Early Considerations 

When facing a divorce, it can help to step back and consider the administrative details involved, which can afford you a bit of distance while also allowing you to put your case into perspective.

Residency Requirements 

To seek a divorce in Texas, either you, your spouse, or you and your spouse must have lived in the state for at least the six months prior. You can file in the Texas county where you or your spouse lived for at least the 90 days prior. If you qualify in two different counties, you can take your pick, and your resourceful divorce lawyer will inform you if one is a better fit than the other.  

Uncontested vs Contested Divorce

Most Texas divorces are uncontested, which means they are not litigated. To obtain an uncontested divorce, you will need to negotiate mutually acceptable divorce terms between yourselves, with the skilled legal guidance of your respective divorce attorneys backing you up. Mediation is also an option.

Uncontested divorce comes with significant benefits that include all the following:

• They are generally less expensive and less time-consuming.
• They allow you and your divorcing spouse to make important decisions for yourselves.
• It can be less emotionally taxing on everyone, including your children.

Your divorce is likely to also be uncontested, but there are certain instances when pursuing a contested divorce is advised. A prime example is if your divorcing spouse simply refuses to negotiate reasonable terms and is more interested in wreaking havoc.

Fault-Based vs No-Fault Divorce

The vast majority of divorces in Texas are also no-fault, which means they are based on what the state calls insupportability, which is roughly the same thing as having irreconcilable differences. 

Texas does award fault-based divorces on grounds like adultery, cruelty, and abandonment. To obtain a fault-based divorce, you will need to prove that your spouse did engage in the wrongdoing you have identified and that it directly caused your marriage to fail.

This can add an additional layer of complication to an already complex legal matter. When warranted, however, a fault-based divorce can support improved terms. 

The Terms of Your Divorce 

Before a divorce can be finalized, each of the applicable terms must be resolved.

Child Custody Arrangements

In Texas, child custody is addressed in terms of parenting time, which is physical custody, and conservatorship – or legal custody, which addresses decision making in relation to primary parenting concerns like schooling and health care. The State of Texas is invested in joint custody arrangements whenever possible. Only if there is a significant reason for seriously limiting one parent’s physical or legal custody will the court do so.

Child Support

The primary determining factors when it comes to child support are each parent’s income and the amount of time each parent spends with the children. Even if you and your ex divide parenting time right down the middle, however, the higher earner is very likely to have the child support obligation.

The Equitable Division of Marital Property

The assets that you and your spouse acquired over the course of your marriage are considered marital. On divorce, they must be divided fairly in relation to the unique circumstances that apply.

Spousal Maintenance

Spousal maintenance, or alimony, generally only applies in highly specific cases. To begin, the marriage must have lasted at least 10 years, and the divorce must leave one spouse without the means to address their own minimum reasonable needs while the other has the financial resources to help.

Make the Call to an Experienced Westcliff Divorce Lawyer Today 

Brett Pritchard at The Law Office of Brett H. Pritchard is a well-respected Westcliff divorce attorney who is well-positioned to help guide you effectively and efficiently forward toward terms that honor your rights. Learn more about what we can do for you by contacting or calling us at 254-781-4222 today.