In Texas, the divorce process is five different lawsuits in one. Because it is best for the Final Decree of Divorce to resolve current and possibly future matters, it is best to receive the help of an experienced San Antonio attorney when filing the Petition.
A Final Decree of Divorce states the names of the people getting divorced, jurisdictional claims, the grounds for divorce, property division issues, and the relief sought. Of course, children’s matters are also addressed.
To file for a divorce in Texas, one of the parties has to have lived in Texas for the past six months. Additionally, one of the parties has to live the last 90 days in the county where the divorce is filed.
Can a divorcing couple hire a single attorney?
A lawyer can only represent one spouse in a divorce case. However, the law does not require that each spouse have a lawyer in a divorce. If one party has an attorney, the other may represent themselves and have the final documents reviewed by an independent lawyer.
Do I have to hire a divorce attorney?
No, the law does not require someone to hire a divorce attorney. In Texas, a spouse can represent themselves in a divorce. However, no one is looking after your best interests if you represent yourself. This is important if there are marital assets or children.
Does Texas law provide for maintenance or alimony?
Alimony and spousal maintenance laws in Texas are complicated. Generally, the marriage must have lasted for more than ten years to qualify. If rewarded, the maintenance often only lasts for up to 36 months.
To be awarded maintenance, a person must be unable to provide for their minimum “reasonable needs” either through a job or through the assets awarded to that spouse in the divorce.
How are debts divided during a divorce?
Debts are handled on a case-by-case basis. However, typically, a mortgage will be transferred to the spouse who gets ownership of the property, and a car loan will go to the spouse who keeps the car. Credit card debt is sometimes tricky to divide – especially when the couple has more debts than assets.
How is property typically divided during a divorce?
All property owned by a couple is characterized as either “community” or “separate” property in Texas. The judge determines how to divide the community property, which may be a 50/50 division of the asset. Separate property (perhaps inherited property) is kept by the person who owns it.
How much does the divorce process cost in Texas?
The cost of a divorce depends on a variety of factors.
Gathering information about the couple’s finances can take time and incur substantial legal fees. So, the more data you can provide to your attorney regarding your assets and debts, the more money you will save.
Additionally, the personalities of the people involved in the divorce can also determine how much it will cost. For example, San Antonio couples who agree quickly during the negotiation process will save on legal fees.
What are the requirements for filing for divorce in Texas?
One of the involved parties must have lived in Texas for at least six months. Additionally, one of the parties must have lived in the specific county in Texas 90 days before starting the action.
What if my spouse refuses to agree to the divorce?
There are only two ways to get divorced in Texas. The first way is with an agreement that both spouses sign. However, if a spouse refuses to sign the papers, a trial will be necessary.
What are the grounds for assigning fault for a divorce in Texas?
A “fault” divorce occurs when one party blames the other for the failure of the marriage. In Texas, the grounds for divorce include confinement for incurable insanity for three years, adultery, or abandonment. Fault can also be assigned for an individual with a felony conviction and imprisonment for over one year or cruel and inhuman treatment.