No bride or groom enters a marriage expecting it to end. However, divorce is the eventual result of many marriages in Texas. While the process is invariably challenging, divorce is often necessary for many couples. An experienced divorce attorney can help you navigate the practical difficulties of ending your marriage in a way that protects your rights and best interests.
If you are seeking a divorce or if your spouse has recently served you with papers, the seasoned Austin divorce attorney at The Law Office of William Jang, PLLC will help you understand what needs to happen so you can move through your divorce as effectively as possible. Call (512) 323-2333 or contact us online for a confidential consultation with our knowledgeable and compassionate divorce lawyer.
Is Texas a No-Fault Divorce State?
In Texas, spouses can file for divorce without proving fault on the other spouse’s part. If you wish to end your marriage, you do not need to prove that your partner has committed wrongdoing. You must state that your partnership has encountered irreconcilable differences (or “insupportablity”).
What Are the Grounds for Filing for Divorce in Texas?
Some states allow divorce only under no-fault grounds. However, Texas enables spouses to file under fault-based reasons as well. These grounds are:
- Adultery
- One spouse’s cruelty toward the other leads to the impossibility of living together.
- A felony conviction leading to one spouse’s incarceration for at least a year in state or federal prison
- Spousal abandonment for a year or more
- Confinement in a mental hospital for at least three years
- Living apart for three or more years
How Long Does Divorce Take in Texas?
Texas law stipulates a 60-day waiting period from when one spouse files a divorce petition. As such, it is not possible to get a divorce faster than 61 days in most cases. However, some courts may modify this requirement in family violence cases. On average, Texas divorces take between six and twelve months to finalize. Issues around property division, spousal support, and child custody can lengthen the process.
What Are the Residency Requirements for Divorce in Texas?
You or your spouse must have lived in Texas for at least six months before you can file a divorce lawsuit. Furthermore, there is a minimum residency requirement of 90 days in the county where you intend to file. If neither of you has met this requirement, you must wait before you may file for divorce.
Does Texas Recognize Legal Separation?
Unlike many states, Texas does not officially recognize legal separation. The court considers all assets each spouse acquires during a period of separation community property. If you eventually pursue a divorce, this property is subject to division between the spouses. Similarly, any debt either spouse accrues is considered community debt.
Speaking to an experienced Austin divorce lawyer can help you understand what to expect in a divorce process if you are currently separated from your partner.
How Does Property Division Work in Texas?
One of the most pressing questions for many spouses on the brink of divorce concerns the division of property. The end of what you believed would be a lifelong relationship is difficult enough without the stress of possibly losing the other things that matter to you. Speaking to one of our attorneys can help you understand what to expect regarding property division.
In general, assets and property that you or your spouse acquire during the marriage are “community property.” Both of you will have a claim on this property during any divorce proceeding. However, this does not necessarily mean that the division of these assets will be a 50-50 split. Judges will make their determination according to their own discretion and each spouse’s physical and financial status. They will consider factors such as:
- Child custody
- Divorce fault
- Education of each spouse
- Employment status of each spouse
- Difference in earning potential between spouses
- Physical health of each spouse and any dependent children
On the other hand, Texas law recognizes that some property is separate, including:
- Gifts made to one partner but not the other
- Property each spouse owned before the marriage began
- Financial awards from most personal injury settlements
- Property one party has inherited during the marriage
You will need significant evidence to demonstrate that a given asset or property meets one of these qualifications. A skilled attorney is often necessary to meet this burden of proof.
Why Do I Need an Attorney for My Divorce?
Texas law allows partners to file for divorce without the assistance of an attorney. However, divorce laws can be complex, and disagreements can make things even more challenging. Hiring an attorney to represent you can offer benefits such as:
- Legal guidance to protect your interests
- Reduction of paperwork you are responsible for
- Avoiding legal pitfalls and missed deadlines
- Potentially expediting the process
- A well-constructed plan to help you through the proceedings
A good lawyer will be committed to helping you move through this difficult process with as little stress as possible so you can be ready for the next phase of your life.
Contact an Experienced Austin Divorce Attorney
Going through a divorce will affect almost every area of your life, including your children, finances, and home. When you have been legally entangled with another person for any period, untangling your lives in a conscious way requires thoughtfulness, experience, and professionalism.
The seasoned divorce attorneys of The Law Office of William Jang, PLLC thoroughly understands the nuances of divorce in Texas. We will keep you informed of all your rights and options while we take care of complicated documents and legal issues on your behalf. We dedicate ourselves to protecting what matters most for each of our clients, and you can rest assured that we are fighting for your best interests.
If you are considering filing for divorce or your spouse has already filed, don’t delay. Call our team at (512) 323-2333 or contact us online for a consultation to learn more about how we can help you.
