Be Informed about Texas Divorce


Be Informed about Texas Divorce

If you are facing a divorce in the State of Texas, it pays to be well informed about the process. Every state does things a bit differently, and better understanding the rules and guidelines in Texas can help you move forward with renewed confidence.

Residency Requirements

Either you or your spouse must have lived in Texas for at least six months before filing for divorce. Further, one of you must have resided in the county in which you file for at least 90 days before you file.

Your Divorce Timeline

Divorce is a complicated legal process and a difficult transition that most divorcing couples would prefer to speed along. However, the fact is that your divorce will play an instrumental role in your financial future and will determine your schedule with your children. Hence, it is imperative to take the time necessary to negotiate divorce terms that protect your rights. The only time-requirement is that your divorce cannot be finalized until 60 days after you file. If you and your divorcing spouse are on the same page about all of the following elements of your divorce, there is a possibility that your divorce could be finalized within this 60-day timeframe:

  • The division of your marital property

  • Your child custody arrangements

  • Child support

  • Alimony

If there is considerable distance between you on any one or more of these matters, your divorce will likely take considerably longer. Ultimately, your divorce cannot be finalized until you either agree to terms or the court intervenes on your behalf.

The Division of Your Marital Property

One of the most complicated factors in any divorce is the division of marital property, which is that property that you and your spouse acquired during the years of your marriage – regardless of whose name is attached. Generally, the property that you owned prior to marriage, brought with you into the marriage, and kept separate throughout the marriage will remain your separate property. In Texas, marital property is divided equitably in the event of a divorce, which means that the circumstances involved will be taken into careful consideration in the determination of a fair division of your property.

The Grounds for Your Divorce

The vast majority of Texas divorces are no-fault, which means that you do not have to state a reason for divorce – other than insupportability (which is similar to the irreconcilable differences that you are probably more familiar with). This is not to say, however, that the court will not consider fault in determining equitability in your divorce terms. If any of the following apply to your spouse, you may want to consider including fault grounds in your petition for divorce:

  • Adultery

  • Cruelty that renders living together untenable

  • Abandonment of a year or more

  • Long-term incarceration of a year or more

  • Confinement to a mental hospital for a year or more

Look to an Experienced Killeen Divorce Lawyer for the Help You Need

Brett Pritchard at The Law Office of Brett H. Pritchard in Killeen, Texas, is an accomplished divorce lawyer who has an impressive track record successfully guiding cases like yours toward favorable resolutions. Mr. Pritchard is on your side, so please do not hesitate to contact us online or call us at 254-501-4040 for more information today.

Related Posts
  • If You Are Thinking of Representing Yourself in Your Divorce Read More
  • If You Think Your Spouse Is Hiding Assets Read More
  • FAQ about the Division of Marital Property in Texas Read More