Discover the Truth about Divorce in Texas
The history of divorce in the United States is a long and fascinating one. From being relatively unheard of and difficult to accomplish to being a common fact in modern family law, divorce has changed substantially over the years.
While obtaining a divorce in Texas is no longer the struggle it once was, the process can still be emotionally wrenching and time consuming. It is important to be well-informed about what your divorce will entail to make sound decisions. Understanding your options can help you begin a positive new chapter in your life.
Filing for Divorce
A petition for divorce can be a straightforward thing. If your marriage was short, you have no assets, you do not require a temporary restraining order, and you do not have any children under 18 years of age, the court generally requires very little to dissolve the union. By law, the court will not finalize the divorce until a minimum of 60 days after the filing of the original petition. The truth is, however, most divorces are more complicated and take longer to resolve.
For a Texas district court or Texas family district court to hear a divorce case, the divorce petition must first establish certain legal requirements. For instance, ending a marriage in Texas requires that the marriage have begun in Texas, or that one or both of the parties have been a resident of Texas for six months before the divorce.[1] Also, the advent of no-fault divorce means it is no longer necessary to prove adultery or other traditional basis for your divorce. Even so, if you have specific grounds to assert, you may do so.
The Divorce Process
Once you file your petition for divorce, your spouse has a set period of time to file an answer. The court may also take this time to make temporary determinations about custody, child support, visitation, and spousal support while the divorce is pending. The temporary orders do not necessarily reflect the final divorce decree, but it is important to present your case properly in determining temporary relief.
After gathering evidence, you must attempt to reach a settlement with your spouse. This may involve negotiation between you, your spouse and both of your attorneys, or it may involve a mediator. The parties must seek an agreement regarding the division of assets and debts, custody of minor children, child support and spousal support. If you reach an agreement, your attorneys will create a divorce decree that reflects the agreed-upon terms. If you and your spouse cannot agree on these issues, the court will set a trial date.
Learn More About the Divorce Process in Texas
- I’m considering a divorce. What do I need to know?
- How much does a divorce cost?
- Why should I hire a lawyer?
- What is the difference between contested and uncontested divorce?
- What is the divorce process in Texas like?
- What steps are involved in the divorce process?
- How long does a divorce take in Texas?
- How does community property impact a divorce?
- Is Texas a no-fault divorce state?
- Can I file for divorce based on fault grounds?
- How do I tell my children about divorce?
You can also visit our divorce legal terminology to get definitions for common terms used during the divorce process. There is also additional content on common issues that arise during or after divorce, including:
- Child custody
- Child support
- Spousal maintenance/alimony
- Property division
- Post-decree proceedings
- Mediation and collaborative law
- Parentage and paternity
- Grandparent’s rights
- Domestic violence and protective orders
Great Expectations Can Lead to Great Disappointment
The divorce process itself often comes as a surprise to people who have never been through a family law issue before. Some people have an unrealistic view of the courts or hope for a chance to hold their spouse accountable for poor behavior.
If you are hoping to have a judge pronounce you the winner and take your former spouse to task for his or her misdeeds, you will likely be disappointed. Divorce is a legal matter. It moves at its own pace and is constrained by rules that you may find frustrating.
That said, divorce is an opportunity for you to make a better future for yourself. By starting the divorce process now, you can make today the first day of the best half of your life. To learn more about divorce or to discuss your situation with a caring and experienced attorney, call 972-353-4600 today or submit your inquiry online.
[1] TX-PP § 98:14