If you’re facing a divorce in Texas, you undoubtedly have plenty of lingering doubts and many more questions, and most of the information you do have likely came from friends, family members, and acquaintances who’ve gone through divorces of their own.
While your loved ones are great resources when it comes to providing you with the support everyone going through a divorce needs, their divorce advice is unlikely to serve you well in terms of legal guidance.
The bottom line is that every divorce is unique to the circumstances involved, and because protecting your financial and parental rights is key, you need an experienced Round Rock divorce attorney backing you up from the start.
One: I Don’t Need an Attorney if I Keep Things Simple
The biggest misconception of all about divorce in Texas – or anywhere else in the nation – is that you can skip hiring an attorney if your divorce is straightforward to begin with or if you and your divorcing spouse are in perfect harmony about each applicable divorce term from the start.
If this is the case and if nothing changes, having an attorney on your side helps to ensure not only that you understand your parental and financial rights but also that these rights are well protected throughout the legal process.
The truth of the matter is, however, that divorce is an emotionally charged and legally complex matter, and this combination makes it unpredictable. What begins as a placid divorce could quickly become tumultuous, and if you don’t have legal counsel in your corner when you need it, your rights could be jeopardized.
A much better approach is proceeding smoothly and steadily forward under the guidance of your seasoned divorce attorney. If problems arise, they’ll help get you back on track, and you can rest easy in the knowledge that you’re in good legal hands.
Two: I Can Be Divorced in 61 Days
While it’s true that Texas has a mandatory 60-day cooling-off period from the date of filing to the date that finalization is possible, this doesn’t mean that you should expect to be divorced in 61 days. A 61-day divorce is generally only possible in theory.
The court’s busy docket makes it unlikely that your proving up court date – or the court date on which your divorce will be finalized – will fall on day 61, and most divorcing couples require more than 61 days to negotiate mutually acceptable terms – even in amicable divorces.
Three: When Kids Aren’t Involved, Divorce Is a Breeze
There is no denying that children complicate divorce. If you’re facing a divorce that involves children, their best interests are paramount, which adds an additional layer of complexity to your case.
But every divorcing couple – whether they share children or not – must address the just and right division of marital property, which is a legally intricate matter that is often hotly contested.
In Texas, those assets that you and your spouse came to own during your marriage are considered marital, and in the event of divorce, they’ll need to be divided fairly in relation to factors like the following:
Each spouse’s age and overall mental and physical health
Each spouse’s separate assets, which are those assets that either spouse owned prior to marriage and kept separate throughout
Each spouse’s income
Each spouse’s level of education
Each spouse’s earning potential and the likelihood of achieving this in the current market
The contributions each spouse made to the marriage, including in relation to caring for the home and children
Whether fault played a role in the breakdown of the marriage
Whether either spouse engaged in fraud on the community estate by dissipating marital funds in the buildup to divorce
While separate assets remain the separate property of the original owner, there are a wide range of circumstances that can weaken the dividing line between marital and separate assets. In other words, kids don’t have to be involved for your divorce to be exceptionally complicated.
Four: Protecting My Rights Will Cost a Bundle
While it’s true that divorce can be expensive, there are many things that you can do to help keep the cost down, and – perhaps counterintuitively – one of them is hiring a dedicated divorce attorney.
The errors and oversights you’re vulnerable to if you don’t have legal representation on your side are significant, and attempting to correct them after the fact is very likely to cost you considerably more than protecting your rights from the get-go would have been.
Some additional steps you can take to help reduce the overall cost of your divorce include:
Doing everything you can – short of sacrificing your rights – to keep your divorce as amicable as possible
Working closely with your savvy divorce attorney throughout the legal process
Setting your divorce priorities early on, which will guide your approach to negotiations and will help you stay focused on the issues that are most important to you
Communicating with your divorcing spouse as clearly and honestly as you can – even if you have to do so in written form, such as via text, email, or parenting app
Supporting your children’s emotional well-being by keeping your adult concerns out of their lives to the degree possible
Proceeding steadily forward with an eye toward getting the job done with your parental and financial rights intact
The less hostile your divorce is, the less costly it’s going to be. Each of the above recommendations will not only help make you and your children’s lives less frenzied but will also help you manage the overall cost of your divorce.
Five: Nailing My Spouse for Their Wrongdoing Will Help
The vast majority of divorces in Texas are no fault, which means that neither spouse has to prove that the other is at fault for the dissolution of the marriage. Instead, all that’s necessary to file for divorce in Texas is to claim that your marriage is insupportable.
This insupportability translates to the irreconcilable differences that most of us are more familiar with, and fault needn’t play a role.
The State of Texas, however, also grants fault-based divorces on grounds such as adultery and cruelty. If your spouse’s adultery or cruelty caused your divorce and you can prove it, you can seek a fault-based divorce, which can result in more favorable terms for you and could potentially lead to that level of peace that calling your spouse out for their wrongdoing affords. Fault-based divorces, however, are almost certain to go to court, which means that all the following are likely to apply:
There will be more hostility involved.
The case will be more expensive.
The case will take longer to finalize.
The case will be harder on your children.
When it comes to whether or not you should pursue a fault-based divorce, it’s important to strike a balance. Only you know how important setting the record straight regarding fault is to you personally. If you’re more concerned with the practicalities of divorce, no-fault is the way to go, but your emotional well-being is also important.
Ultimately, your practiced divorce attorney will explore your best options with you and will help you make the right choices for you – given your priorities and the unique circumstances of your case.
Six: Going to Court Is Always a Mistake
Again, the vast majority of divorces in Texas are no fault – and this is for very good reasons. If you can protect your rights and your divorce priorities without going to court, it’s always in your best interest to do so.
There are cases, however, when the other spouse is bound and determined to make the situation as difficult as they possibly can – even when doing so is to their own detriment. And in such situations, there is generally no amount of negotiation or mediation that is going to make a difference. When this is the case, the best option is heading to court sooner rather than later.
Sometimes, cutting your losses is the best path forward, and this is one of those occasions. Another one is when you’ve done the necessary soul searching and have come to the difficult decision that you want a divorce that’s based on your spouse’s fault in the matter, which is your right to pursue.
Seven: I’m Likely to Receive Alimony
In Texas, alimony is more the exception than the rule, and even if you do receive alimony, it’s likely to be more limited than you may think.
To begin, alimony generally isn’t ordered unless the couple was married for at least 10 years and unless the spouse seeking the support can prove that divorce will leave them without the means to cover their own reasonable needs – while their ex will have the financial ability to help.
When alimony is considered appropriate, it’s typically set for an amount and duration that allows the recipient to become more financially self-sufficient in one of the following ways:
By seeking further education
By gaining work experience
By learning job skills
Eight: I Won’t Owe Child Support if We Share Parenting Time Evenly
Child support is determined according to the state’s calculation guidelines, and while parenting time is a factor, the parent who is the higher earner is very likely to have a child support obligation even when parenting time is shared equally. When there are no extenuating circumstances, this financial responsibility plays out as follows:
For 1 child, the parent with the child support responsibility pays 20 percent of their net income.
For 2 children, the parent with the child support responsibility pays 25 percent of their net income.
For 3 children, the parent with the child support responsibility pays 30 percent of their net income.
For 4 children, the parent with the child support responsibility pays 35 percent of their net income.
For 5 children, the parent with the child support responsibility pays 40 percent of their net income.
For 6 or more children, the parent with the child support responsibility pays at least 40 percent of their net income.
Child support is based primarily on each parent’s ability to pay it, not on the amount of time each parent spends with the children.
Nine: Divorce Is a Contest
Many people believe that divorce is a contest, which means that it begins and ends with outsmarting their spouses. In reality, however, divorce is a complex legal process that involves the dissolution of the marriage contract, which makes having a skilled divorce attorney in your corner essential but doesn’t require one-upmanship.
While protecting your rights is key, there is no reason to focus on showing up your soon-to-be ex, and if this is your focus, you’re likely to make the process not only more difficult but also more costly and time-consuming.
Ten: Our Marital Property Will Be Divided 50/50
Texas is a community property state, which means it begins with the presumption that all marital assets – as offset by marital debt – will be divided evenly between the divorcing spouses. This division, however, is not set in stone.
When circumstances call for it, the division of marital assets can be lopsided – in the financial favor of one spouse over the other. The goal when it comes to property division in a Texas divorce is a just and right division – or a fair division – rather than a strictly equal division.
An Experienced Round Rock Divorce Attorney Is Standing By to Help
Brett Pritchard at The Law Office of Brett H. Pritchard in Round Rock, Texas, is a diligent divorce attorney who appreciates how challenging the divorce process tends to be and is committed to guiding your case effectively and efficiently forward toward favorable terms that support your parental and financial rights.
Our legal team is on your side, so please don’t delay contacting or calling us at 254-781-4222 to schedule a free consultation and learn more today.