An Introduction To Divorce In Texas
When marriages do not work out, Moravick, Threadgill & Starry is here to support you and help you through the legal proceedings of divorce. Whether your divorce is contested or uncontested and whether or not there are children or significant assets involved, The Partners are experienced and ready to offer you the best Midland divorce legal representation. The Firm’s Midland divorce lawyers handle everything from the division of property and payment of debts, child custody and support, maintenance (spousal support), child visitation, and more.
In the state of Texas, a petition for the dissolution of marriage can be filed under no-fault grounds or fault based ground. No-fault based grounds state that there is no one spouse at blame for the end of the marriage (irreconcilable differences, etc.). Fault-based grounds include adultery, abandonment, mental cruelty, imprisonment, insanity, or living separate and apart. In the case of no-fault based grounds or fault-based grounds, The Partners can help you file your paperwork and work through proceedings.
We recognize that this can be a stressful and emotionally charged experience and we are committed to helping you understand and navigate the family law process. We provide the best outcome in your case, whether that be aggressive representation or alternatives such as mediation and other settlement options. We work for you and your individual needs. We are dedicated to finding the best possible approach for the people we serve. Moravcik, Threadgill & Starry is a trusted family law firm. We help clients in the Permian Basin area with their family law needs. You can rely on our attorneys for assistance with your divorce proceedings.
This article will help you understand:
- What options you have in Texas if facing a separation or divorce?
- Whether initiating the divorce will position you for success.
- How long your divorce case may take.
What Options Do Couples In Texas Have Regarding Separation Or Divorce?
Family law issues such as divorce are difficult to navigate in more ways than one. We hope to make things easier by giving clarity to the legal aspect of your situation that you likely have no experience with or knowledge of.
Your options for separation or divorce in Texas depend on the specifics of your unique case. Important factors that will impact the direction your case might take can include:
- Whether your spouse contests or settles;
- Whether they hire a lawyer;
- If children are involved;
- If property is involved;
- And more…
Mediation is an option that is available to many couples to avoid court during a divorce. What’s more, if you have two hours or more in a contested divorce hearing, a Texas judge will require mediation.
Approximately 90% of the time, divorce cases turn out to be uncontested. This means that the parties can agree about the cause of their divorce, resulting in a divorce document that lists insupportability as the main cause.
Is There Any Benefit To Being The Party To File For Divorce In Texas?
Whether or not there is any benefit to being the party that files for divorce depends on your specific case – and any benefit that comes with initiating the divorce process typically comes later in your family law case.
This is because being the party that files the case typically means you can present your side of the story first when you go before the judge. The petitioner, (the family law equivalent to a plaintiff in civil law), would file and have their spouse served. After this, the case would go before a judge, where the petitioner would present all evidence against their spouse.
Additionally, if you have children, it’s often preferred that you file first so that you have the upper hand during the temporary orders hearing. This is a short hearing that sets the precedent for issues like custody, child support, etc. during the divorce process.
In general, it is much easier to keep your children than it is to get them back. So filing first, even if only to a small degree, puts you in the driver’s seat.
Does Texas Require Any Period Of Separation Before Filing Or Being Granted A Divorce?
Texas laws do not require any separation prior to filing for or being granted a divorce. However, there are procedural time requirements to the process, as Texas law requires the original divorce petition to be on file for 60 days before the divorce can be finalized.
If Both Parties Agree To Divorce, Do They Need To Hire A Family Law Divorce Attorney?
Similar to how someone would never think to conduct surgery on themselves, we would never advise someone to handle their own legal matter on their own. We always would advise someone to hire a lawyer, even if their spouse is not contesting anything in the case.
Legally, you are not required to hire an attorney – you can try to go through the process on your own. However, the chances of doing so successfully and correctly are low. There are many complexities in a divorce case, and clerks at the clerk’s office cannot practice law, so they cannot help you. Likewise, judges cannot help you, they are only there to oversee the process.
People who go through family cases in Texas without an attorney often fail to include critical things in their final divorce order – items such as property or children. Even more concerning is that these issues often come up late in the process, when one side sees something they hadn’t thought through before and won’t agree to.
The important thing to remember is this: once your final order is issued, matters like custody, the division of property, and child or spousal support are decided by law. The only way to change those decisions is to get a legal modification of your divorce order, which is a considerably involved process.
How Long Do Divorces In Texas Generally Take?
The length of a divorce case depends heavily on the parties who are involved. Our practice has handled divorce cases that were completed within as little as 62 days. On the contrary, we have also had cases that have lasted five years. In general, we advise planning on the process taking eight to twelve months.
With the guidance of a skilled attorney for Family Law, you can have the peace of mind that comes with knowing that we’ll make it look easy. For more information on Divorce Cases in Texas, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (432) 653-1899 today.
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