If you are facing a divorce, you probably have plenty of questions about what lies ahead. Although every divorce is different, they all remain subject to the same legal process. Becoming familiar with how the divorce process begins can help you make informed decisions as you move forward.
Texas Is a No-Fault Divorce State
In the State of Texas, you do not need to prove that your spouse engaged in marital misconduct in order to obtain a divorce. In fact, the vast majority of Texas divorces are based on insupportability, which is commonly referred to as irreconcilable differences in other states. When a spouse does allege marital misconduct, the judge can take this into consideration in the division of marital property.
Texas Has a 60-Day Waiting Period
In Texas, you will have to wait at least 60 days from the time you file for divorce until the time that it can be finalized. Divorce is generally a complicated legal process, however, so you will likely need at least 60 days to accomplish all the necessary tasks. Most importantly, you and your divorcing spouse will need to come to mutually acceptable terms related to all of the following (as applicable):
The division of your marital property
Your child custody arrangements
Spousal support (or alimony)
If you are unable to reach a workable solution for each, the court will intervene on your behalf.
Your Marital Property
In your divorce, your marital property will be divided in a manner that is deemed just and right, which – in essence – means fair. As such, it will not necessarily be divided straight down the middle (equally). Your marital property refers to the property you and your spouse acquired together as a married couple, regardless of who purchased the property or whose name it is in. Any gifts or inheritances that either of you received in your name alone during the marriage, however, will remain yours alone. Generally, any property that you brought into the marriage with you (and kept separate) will remain your separate property.
Alimony Serves a Specific Purpose
Alimony serves a specific purpose in a Texas divorce, and it is by no means a certainty. The intention of alimony is to help a spouse who lacks sufficient property and earning capacity to provide for his or her own reasonable needs with the financial means to do so. If you, for example, have the financial need for alimony and your divorcing spouse has the financial ability to pay alimony, the court may deem it appropriate.
Consult with an Experienced Killeen Family Law Attorney Today
If you are facing a divorce, The Law Office of Brett H. Pritchard in Killeen, Texas, is here to help. Mr. Pritchard is a dedicated family law attorney who is committed to skillfully advocating on behalf of your rights and for divorce terms that work for you. We are on your side, so please contact or call us at 254-501-4040 for more information today.