Divorce is a significant life event that brings about both emotional and legal challenges. In Texas, the process of divorce follows specific procedures and laws that are important to understand for anyone considering this path. This article aims to provide an overview of how divorce works in the state of Texas, helping you navigate the complexities with greater ease.
Understanding Texas Divorce Laws
Residency Requirements: To file for divorce in Texas, either spouse must have been a resident of the state for at least six months and a resident of the county where the divorce is filed for the last 90 days.
Grounds for Divorce: Texas recognizes both “fault” and “no-fault” grounds for divorce. No-fault divorce can be based on irreconcilable differences, meaning the marriage has become insupportable due to discord or conflict. Fault grounds include cruelty, adultery, conviction of a felony, abandonment, living apart, and confinement in a mental hospital.
Property Division: Texas is a community property state. This means that most property acquired during the marriage is considered jointly owned and will be divided in a way that the court deems ‘just and right’.
Child Custody and Support: In Texas, the terms ‘custody’ and ‘visitation’ are replaced by ‘conservatorship’ and ‘possession and access’. Decisions about children are made based on their best interests, focusing on who will make decisions for the child and where the child will live. Child support is determined using state guidelines, primarily based on the non-custodial parent’s income.
The Divorce Process in Texas
- Filing a Petition: The first step is to file an ‘Original Petition for Divorce’ with the local court. This document outlines the basics of the divorce request.
- Temporary Orders: Either party can ask for temporary orders from the court to address immediate needs, such as child custody, support, and property issues, while the divorce is pending.
- Discovery: This is the information-gathering phase, where both parties exchange information about their finances, property, and other relevant matters.
- Mediation and Settlement: Many divorce cases in Texas go through mediation, where a neutral third party helps the spouses negotiate a settlement. If they can reach an agreement, they can avoid going to trial.
- Trial: If mediation fails, the divorce will proceed to trial, where a judge will make decisions regarding property division, child custody, and other pertinent issues.
- Final Decree: The divorce is finalized when the judge signs the Final Decree of Divorce, legally ending the marriage.
Seeking Legal Assistance
Divorce can be a complex legal process, and having an experienced attorney can make a significant difference. If you’re considering divorce in Texas, we recommend scheduling a free consultation with Sandra Gomez from Gomez Law, PLLC. Sandra Gomez is a skilled attorney who specializes in Texas divorce law and can provide valuable guidance and representation throughout the process.
Contact Information: Sandra Gomez Gomez Law, PLLC Phone: 713-980-9012
Navigating the journey of divorce in Texas requires understanding its legal landscape and having the right support. With the guidance of a seasoned attorney like Sandra Gomez, you can make informed decisions and find a path forward that works best for you and your family.
