Divorce is a challenging emotional and legal ordeal, one that upends lives and generates uncertainty. Yet, in the labyrinth of legal procedures, Texas has its unique set of laws that govern the dissolution of marriage. When facing a divorce in Texas, it is vital to acquaint yourself with these laws and secure the counsel of a trusted law firm, Chip Parker Law Firm.
Texas divorce laws are governed by the Texas Family Code, which outlines two primary categories for divorce: fault-based and no-fault.
In a no-fault divorce, neither party is required to prove that the other spouse did something wrong leading to the end of their marriage. Under Texas Family Code Section 6.001, a no-fault divorce is usually granted on grounds of “insupportability,” meaning that the marriage cannot continue due to discord or conflict of personalities.
In contrast, a fault-based divorce places the blame for the marriage’s dissolution on one spouse. Texas Family Code Section 6.002-6.007 outlines specific grounds for a fault-based divorce, which include cruelty, adultery, abandonment, felony conviction, living apart for at least three years, and confinement in a mental hospital.
Importantly, establishing fault can have significant implications for asset division. For instance, under Texas Family Code Section 7.001, the court may consider fault when distributing community property in a manner that the court deems “just and right.”
The impact of a fault-based divorce can extend to spousal maintenance as well. According to Texas Family Code Section 8.052, factors like marital misconduct may affect whether spousal maintenance is granted, as well as the duration and amount.
Filing for divorce in Texas involves multiple steps, each with its own set of procedures and paperwork. Understanding this process can make what is often a challenging life event a bit more manageable. Here is a step-by-step guide to help you navigate the process:
Step 1: Establish Residency
Before you can file for divorce in Texas, either you or your spouse must have lived in the state for at least six months and in the county where you plan to file for at least 90 days.
Step 2: Decide the Type of Divorce
Determine whether you’ll be filing for a fault-based or no-fault divorce. This decision can have implications for asset division, and other settlement terms.
Step 3: Consult with an Attorney
Consulting with an attorney from Chip Parker Law Firm can provide you with guidance tailored to your unique circumstances. Legal advice is particularly crucial in complex situations involving large assets or child custody disputes.
Step 4: File the Petition
The next step is to file a “Petition for Divorce” with the district clerk in the county where you meet the residency requirements.
Step 5: Serve Papers to Spouse
After filing, you must serve divorce papers to your spouse. This service of process ensures that your spouse is aware of the divorce proceedings and has the opportunity to respond.
Step 6: Spouse’s Response
Your spouse has a specific period, usually 20 to 30 days, to file an “Answer” to your petition. If your spouse fails to respond within this period, you may be eligible to proceed with a default divorce.
Step 7: Temporary Orders (If Needed)
If immediate decisions about child custody, property, or financial support are needed, you can request temporary orders. These orders remain in effect until the divorce is finalized.
Step 8: Discovery Process
Both parties may engage in a discovery process to exchange information and documents relevant to the divorce. This can include financial records, property inventories, and more.
Step 9: Settlement or Trial
If you and your spouse agree on the terms, you can finalize the divorce by submitting a “Final Decree of Divorce” to the court. If not, the case will go to trial, where a judge will make the final determinations.
Step 10: Finalizing the Divorce
After the judge signs the final decree, your divorce is official. You’ll need to wait at least 30 days to remarry, per Texas law.
Navigating through divorce is never easy; it’s a complex journey laden with emotional strain and legal intricacies. However, understanding Texas divorce laws and seeking the assistance of reliable attorneys in Amarillo, Texas can greatly ease this challenging process. Your divorce doesn’t have to become a long, drawn-out battle. With proper legal guidance, you can traverse this difficult period in a manner that safeguards your interests and future.
If you’re facing divorce, don’t navigate these choppy waters alone. Consult with Chip Parker Law Firm. Take action now to secure your future and peace of mind.
Time is of the essence. The sooner you act, the more legal options can work for you. Call us now at (806) 379-2010, or fill-up the form below.