Divorce is rarely easy, but the process can be simpler and less painful if you do your research ahead of time and know what to expert. State laws vary when it comes to divorce and legal separation. It is important to be aware of state regulations as you get ready to file for divorce. The more prepared you are, and the more you and your spouse are able to work together, the faster and less stressful the process will be.
If you are a Texas resident, here are five things you should know about divorce in your state.
- You don’t need fault grounds for divorce. Since Texas is a no-fault state, individuals who wish to get divorced from their spouse do not need to prove that they did anything wrong or is at fault.
- You have to be a resident. To file for divorce in Texas, one of the spouses involved has to have been a resident of the county in which the divorce is filed for a minimum of 90 days before filing.
- There is a waiting period. In Texas, there is a mandatory waiting period of 60 days to finish a divorce. In some cases, such as instances of family violence, this waiting period can be waived.
- Property will need to be divided. Texas is a community property state, which means any property that an individual acquires during their marriage, including real estate and vehicles, is automatically considered marital property to be split equally in a divorce. Joint debt is also considered the responsibility of both parties.
- Legal separation is not recognized. As one of the states that does not recognize legal separation, Texas considers any property or debt you acquire while living apart from your spouse to be community property. In the Lone Star State, you are either married or divorced, and there is no legal designation for separation.
Divorce is a complex legal process involving a detailed investigation and analysis of each spouse’s behavior and finances. In many situations, both parties agree to the divorce and are willing to negotiate about how assets are divided. However, in a contested divorce, couples do not agree about the division of assets, child support, custody or other terms of the divorce. In a contested divorce, it is critical to work with an attorney to ensure assets are split fairly.
In a divorce case, an attorney can help both parties negotiate an agreement and make sure assets are divided fairly. To speak with one of our legal experts, please send us an email or call 512-580-2449. We serve Travis County and Austin, TX.
