While you and your divorcing spouse might not agree on much, you may have both come to the same undeniable conclusion that you need a divorce. While this can help you get things started, it doesn’t mean that things will proceed smoothly from here – even if you’re already in the same ballpark in relation to how your divorce terms will be resolved.
In other words, divorce is complicated, and many become more and more complicated as they proceed. The bottom line is that having the skilled legal guidance of an experienced Round Rock divorce attorney in your corner from the beginning is the best way to protect your parental and financial rights throughout the legal process and beyond.
Ready to Proceed
If you’re facing a divorce in which neither of you believes saving the marriage is a possibility, it means that you’re on the same page and are ready to proceed. When one spouse wants to save the marriage and the other doesn’t, it can not only slow down the process but can also turn up the heat in terms of how contentious the case becomes.
The fact that you and your divorcing spouse have reached a mutual agreement on this basic concern can help you get down to business in terms of addressing the terms from a position of greater clarity.
It’s important to note, however, that any divorce can take a wrong turn toward a heated battle at any moment and that proceeding with caution – and seasoned legal representation – is always advised.
Fault vs. No Fault-Divorce in the State of Texas
While you and your spouse are in agreement about needing a divorce, you may not agree about the reason behind the divorce. While most divorces in Texas are no fault, which means they’re based on insupportability – or irreconcilable differences – fault-based divorces are also available.
There are several grounds for fault-based divorce in the state, but the spouse seeking a divorce based on fault has the responsibility of proving the other’s fault in the matter. When fault-based divorces are granted, specific divorce terms, such as the division of marital property, can be directly affected.
Further, because your spouse is unlikely to accept fault for the dissolution of your marriage, you should expect your case to go to court, which typically translates to a longer, more challenging, and more costly legal process.
Whether or not pursuing a fault-based divorce is worth the additional effort and expense depends upon the circumstances involved and the potential benefits of proceeding in this direction, and your dedicated divorce attorney will help you make the right choices for you.
The grounds for fault-based divorce in Texas include:
Adultery
Cruelty
Abandonment
Living apart
Confinement to a mental facility
Incarceration for a felony
Contested Divorce vs. Uncontested Divorce
A contested divorce is one in which one or more divorce terms is resolved in court, and an uncontested divorce is one in which the spouses are able to resolve each of the applicable terms between themselves. As mentioned, the vast majority of divorces in Texas – and throughout the nation – are uncontested.
While hammering out the terms of your divorce can become complicated quickly, you and your divorcing spouse are not expected to miraculously resolve your differences and find common ground. Instead, you’ll engage in negotiations that include the guidance of your respective divorce attorneys. There are also alternative dispute resolution options, such as mediation.
The terms that you resolve will directly affect your financial rights as well as your rights as a parent moving forward. As such, staying the course and fiercely advocating for terms that uphold your rights and support your future is important. Settling for less-than-fair terms as a means of speeding up the process is very unlikely to serve you well.
The Division of Your Marital Property
In Texas, the assets you and your spouse own at the time of your divorce will be divided into marital property and separate property. Separate property refers to anything of value that either of you owned prior to marriage and kept separate throughout the marriage. This means keeping the asset disentangled from your marital assets, which isn’t as simple as it sounds.
It’s important to understand that if either of you claims separate property, it falls upon that spouse to prove its separate nature.
Everything else – with very few exceptions – is considered marital property. All marital property – as offset by marital debt – must be divided between you upon divorce in a manner that is considered fair in light of the relevant circumstances.
The kinds of factors that are taken into consideration when determining the fair division of marital assets include the following:
The length of the marriage
The contributions to the marriage made by each spouse, including in the form of homemaking and childcare
Any wrongdoing by either spouse – even in no-fault divorces, such as if the at-fault spouse wasted marital assets in furtherance of the affair
Either spouse’s attempts to spend down, hide, give away, or otherwise artificially skew the fair division of assets
Each spouse’s age, overall mental and physical health, and earning potential
The tax consequences of the proposed division
Legal Custody and Parenting Time
Child custody in Texas is separated into legal custody, which addresses parental decision making, and physical custody – or parenting time. Legal custody determines how divorced parents will address primary parenting decisions like the following:
Where their children will attend school or daycare
The medical care their children will receive
The extracurricular activities their children will participate in
The religious education their children will receive
Parents can make these decisions together, but one parent may have the authority to break a tie when a consensus can’t be reached. Another option, however, is sole legal custody in which one parent makes these decisions on their own.
When it comes to physical custody, or parenting time, the State of Texas is committed to maximizing the amount of time the children spend with each parent, which is considered in the children’s best interests. The state has a range of standard parenting time schedules that divide parenting time between the two parents according to the percentage allotted to each.
One parent may become the primary custodial parent and, as a result, will spend more overnights with the children. The other parent, however, can generally expect a generous parenting time schedule.
Texas courts are always guided by the best interests of the involved children when they make child custody rulings, and the factors they take into consideration include:
Each parent’s relationship with and level of involvement in raising the children to date
Each child’s needs, including any special needs that require additional care and attention
Each parent’s ability and inclination to adequately address each child’s needs
Each parent’s age and overall mental and physical health
The preferences of those children who are mature enough to participate
How well the children have adjusted to their current circumstances, including their home, school, and community
The distance the parents live from one another
Each parent’s willingness to do what it takes to co-parent effectively and to support the other’s close and ongoing relationship with the children
Child Support
Child support is the state’s tool for ensuring that both parents continue supporting their children financially when they’re no longer together. Child support is determined via a straightforward calculation process that takes a wide range of financial variables into account.
Typically, the parent who is the higher earner makes child support payments to the other – even when parenting time is split equally.
There are also extenuating circumstances that can alter the amount of child support ordered – as well as its duration. Prime examples include a child with extraordinary needs or who has a serious disability that requires ongoing care.
Alimony
Alimony – or spousal maintenance – is only awarded in those divorces that leave one spouse financially disadvantaged. If, for example, you won’t have the financial means to provide for your own reasonable needs post-divorce and your ex has the financial ability to help, you may be awarded alimony.
Reasonable needs here isn’t defined in exact terms, but it does take the standard of living achieved during the marriage into consideration.
The duration of alimony is generally based on the length of the marriage. Permanent alimony is reserved for those instances when the recipient is disabled and unable to gain greater financial independence.
Residence Requirements
If you and your spouse are ready to file for divorce in Texas, it’s important to know that there are residence requirements involved. To begin, at least one of you must have lived in the state for at least the six months prior to filing. Further, at least one of you must have lived in the county in which you file for at least the 90 days prior to filing.
If you and your spouse both meet the residency requirements but you’ve been living in different counties for the requisite 90 days, you can file in either county – whichever is more convenient or advantageous for you.
The Waiting Period
You should also be aware that there is a required 60-day waiting period that applies to virtually every divorce in Texas. After filing for divorce, your case can’t be finalized until this cooling off period has elapsed. This means that, as long as the court’s docket can accommodate it, you could be divorced in as few as 61 days, but realistically, most divorces take considerably longer.
The fact that you and your divorcing spouse are both motivated to obtain a divorce can provide you with the momentum you need to keep things moving steadily forward. Divorce glitches, however, are not uncommon, which makes being prepared to ably handle whatever comes your way paramount, and a practiced divorce attorney can help you with that.
It’s also worth noting that you must wait at least 30 days to remarry once your divorce is final. This coincides with the 30 days allotted for appeals.
Your Attorney’s Role
Even if you and your divorcing spouse are in complete unison regarding each of the applicable terms and are ready, willing, and able to proceed full speed ahead, you’re advised to have trusted legal counsel on your side. Divorce is a complicated legal matter, and failing to adequately address each detail can directly affect your future.
Your attorney is not interested in talking you out of terms you’ve already resolved, but they do have the experience, legal insight, and knowledge to help you better understand the implications of the divorce terms you’re prepared to sign off on. If your parental or financial rights could be better protected via further negotiations, they can help you make that happen.
The most important point to keep in mind at this juncture is that your divorce attorney’s priority is your best interests, and they have the tools necessary to help protect them throughout the divorce process. If you’re ready to pursue a divorce, the most important first step you can take is consulting with an accomplished divorce attorney.
Make the Call to an Experienced Round Rock Divorce Attorney Today
Brett Pritchard at The Law Office of Brett H. Pritchard is a well-respected Round Rock divorce lawyer whose decades-long practice highlights his commitment to skillfully guiding divorce cases like yours effectively and efficiently forward – with his clients’ parental and financial rights intact.
If you are facing a divorce that you and your spouse both want, it can help streamline the process, but your primary focus should be on obtaining fair terms. To learn more about what we can do to help you, don’t put off reaching out and contacting or calling us at 254-781-4222 to schedule your free consultation today.