Going through a divorce can be tough. It’s a big change in your life, and there’s a lot to think about. If you’re considering a divorce in Texas or are already in the process, it’s important to understand how things work here. At The Cook Law Firm & Associates PLLC, our Texas divorce lawyers are here to help you through this difficult time. Let’s talk about what you need to know about divorce in Texas.
Texas is a “No-Fault” Divorce State
In Texas, you do not have to establish that your spouse did something wrong to get a divorce. This is called a “no-fault” divorce. You can simply say that your marriage isn’t working anymore because of differences that can’t be fixed. This reason is called “insupportability” in legal terms.
But sometimes, people still choose to give a specific reason for the divorce. These reasons can include:
- Cruelty
- Adultery (cheating)
- Felony conviction
- Abandonment
- Living apart for at least 3 years
- Confinement in a mental hospital
Even if you use one of these reasons, you do not have to prove it unless your spouse disagrees.
The Waiting Period
In Texas, you have to wait at least 60 days after filing for divorce before it can be final. This waiting period starts on the day you file your divorce papers. The idea is to give couples a chance to think things over and maybe work things out.
But don’t worry – you can still do a lot during this time. You and your Texas divorce lawyer can work on agreeing about important things like property division and child custody. If you and your spouse agree on everything, your divorce might be final soon after the 60 days are up. If you don’t agree, it could take longer.
Property Division in Texas
Texas is what’s called a “community property” state. This means that most of the things you got while you were married belong to both of you, no matter whose name is on them. This includes things like:
- Your house
- Cars
- Furniture
- Money you earned
- Retirement accounts you added to while married
But some things might still be just yours or just your spouse’s. These are called “separate property” and can include:
- Things you owned before you got married
- Gifts given just to you
- Money you inherited
When you get divorced, the court will try to divide the community property in a way that’s fair to both of you. This doesn’t always mean splitting everything 50-50. The judge will look at things like:
- How long you were married
- Your age and health
- Your job skills and ability to earn money
- Who will take care of the kids most of the time
It’s important to know that Texas doesn’t have alimony like some other states. Instead, we have something called “spousal maintenance.” This is money one spouse might have to pay to the other after the divorce, but only in certain situations. For example, if one spouse can’t support themselves because of a disability or because they’re taking care of a child with special needs.
Child Custody and Support
If you have kids, figuring out custody is a big part of divorce. In Texas, we use the term “conservatorship” instead of custody.
There are two types:
- Joint Managing Conservatorship (JMC): This is when both parents share the right to make important decisions about the kids.
- Sole Managing Conservatorship (SMC): This is when one parent has the right to make most of the decisions.
Most of the time, courts prefer JMC because they think it’s best for kids to have both parents involved. However, one parent usually still has the right to decide where the kids will live most of the time.
Along with custody, you’ll need to figure out child support. In Texas, child support is usually based on how much the paying parent earns and how many kids need support. The parent who doesn’t have the kids most of the time usually pays child support to the other parent.
The Divorce Process in Texas
Getting a divorce in Texas involves several steps:
- Filing for Divorce: One spouse files a petition for divorce with the court.
- Serving Papers: The other spouse (the “respondent”) must be officially notified about the divorce filing.
- Temporary Orders: The court might make some temporary decisions about things like who lives in the house or who pays the bills while the divorce is happening.
- Discovery: Both sides gather information about finances, property, and other important matters.
- Negotiation: You and your spouse try to agree on the terms of your divorce.
- Mediation: If you can’t agree, you might go to mediation. This is where a neutral person helps you try to reach an agreement.
- Trial: If you still can’t agree, your case will go to trial and a judge will make the final decisions.
- Final Decree: Once everything is decided, the judge signs the final divorce decree.
Why You Need a Texas Divorce Lawyer
Divorce can be complicated, even if you and your spouse agree on most things. A good Texas divorce lawyer can:
- Explain your rights and options
- Help you understand Texas divorce laws
- Make sure you don’t miss any important deadlines
- Protect your interests in property division
- Help you make a strong case for custody if you have kids
- Negotiate with your spouse’s lawyer
- Represent you in court if needed
At The Cook Law Firm & Associates PLLC, our experienced Texas divorce lawyers are here to guide you through every step of the process. We understand that this is a difficult time, and we’re committed to protecting your rights and helping you move forward.
Taking Care of Yourself During Divorce
Remember, divorce isn’t just a legal process – it’s an emotional one, too. While you’re going through this, it’s important to take care of yourself:
- Seek support from friends and family
- Consider talking to a therapist or counselor
- Take time for self-care activities you enjoy
- Stay healthy by eating well and exercising
- Be patient with yourself – healing takes time
Getting Help with Your Texas Divorce
If you’re facing a divorce in Texas, don’t try to handle it alone. The experienced Texas divorce lawyers at The Cook Law Firm & Associates PLLC are here to help. We’ll listen to your concerns, explain your options, and fight to protect your rights and interests.
We know that every divorce is different, and we’ll work hard to understand your unique situation. Our goal is to help you get through this difficult time and move forward to a brighter future.
Ready to take the next step? Contact The Cook Law Firm & Associates PLLC today. Call us at 210-740-0281 to schedule a consultation. Let us put our experience and knowledge to work for you.
Remember, knowledge is power when it comes to divorce. The more you understand about the process, the better prepared you’ll be to make good decisions for yourself and your family. We’re here to provide that knowledge and guide you every step of the way.