Houston, TX- Deciding to divorce is not easy. Couples who do soon realize that they have a difficult process to look forward to when they file. There are numerous things a couple needs to know when they file for divorce, which our team of divorce lawyers in Texas will discuss here.
Before you even file your divorce papers, you must be a resident if the state for at least six months as well as live in the county you plan to file for divorce in for at least three months. Texas courts cannot finalize a divorce until 60 days have passed since the initial filing.
Texas allows couples to file for a fault or no-fault divorce, depending on the reason a couple is splitting up. USAttorneys urges you to speak to a lawyer before you make any decisions about what type of divorce is appropriate in your situation.USAttorneys can help you resolve issues of child custody.
Most Texas divorces are no-fault, which means both spouses agree their marriage was irretrievably broken, and a couple could not resolve their “irreconcilable” differences. No-fault divorces are typically easier and quicker to resolve if a couple works on issues of asset division and child custody before they begin the divorce process.
A fault divorce is rare and is usually appropriate when one spouse doesn’t want a divorce, or a spouse alleges wrongdoing in their estranged spouse’s part. Grounds to file for fault divorce include abandonment, infidelity, felony conviction, physical abuse and sexual dysfunction.
In regards to property division, Texas is an equitable distribution state. That means assets including homes, joint bank accounts, and investment are divided between both spouses, but that doesn’t mean all assets are divided equally. Instead, assets are divided in consideration of each spouse’s contribution to the marriage. Assets owned by a spouse before they married remain their property unless they state otherwise.A child custody arrangement doesn’t have to be painful.
If a couple cannot come up with a child custody arrangement through outside negotiations, the court can decide for them but would rather leave it up to a couple. Family courts in Texas consider the best interest of a child when trying to decide on child custody and support. Generally, family courts prefer joint custody arrangements. A custody lawyer can help you, and your spouse decide on a favorable custody arrangement. Let an attorney assist you with child custody, so it doesn’t turn into an ugly battle.
Those are just a few things that are helpful or you to know if you plan on filing for divorce in Texas. There are so many things to think about and do, so USAttorneys urges you to speak with a divorce lawyer in Texas. Contact a lawyer today and get the advice you need to make your divorce go smoothly. They can give you sound advice and help you through all stages of the process.