Couples who have decided to end their marriage may require help from a divorce lawyer. While couples don’t enter into a marriage with the intention of filing for divorce, sometimes, despite best efforts, a relationship may not be able to withstand its trials and tribulations. While there are several reasons a person may choose divorce, it’s a necessary next step for many. Separating a once shared life can be emotionally charged and often stressful, and the thought of moving through the process can be overwhelming. For many, procuring services from experienced professionals that Brandy Austin Law Firm, PLLC can offer to put your needs first and answer the many questions you have regarding your case and the process to follow.
Does Texas require a reason for divorce?
Once a person has decided to file for divorce, knowing what steps should be taken to move the process forward can be challenging. It’s important to note that every state allows no-fault divorce; however, in Texas, divorcing couples must provide a reason for the divorce. Regardless, a divorce lawyer will share that filers must identify a reason. Insupportability is the grounds that you can choose for a no-fault divorce, meaning the couple’s marriage is over, and there’s no way of rectifying the relationship. Selecting any other grounds for divorce requires the person to offer sufficient evidence. Examples of grounds for divorce in addition to insupportability include:
- Abandonment
- Adultery
- Confinement
- Criminal Conviction
- Cruelty
- Separation
Is there a waiting period before divorce can be finalized?
Most cases have a waiting period before finalizing a divorce, and Texas is no different. The mandatory waiting period is 60 days before a divorce can be finalized. The waiting period is in place to allow each party the time to reflect upon their decision. Divorce shouldn’t be taken lightly, and parties may choose to reconcile in some situations. While, in some cases, a divorce may be able to resolve relatively quickly, this will largely depend upon the case circumstances. In situations involving children, substantial assets, or two parties who have difficulty reaching agreements, finalizing a divorce can take months and sometimes years to resolve.
Is mediation required before a judge can sign the divorce decree?
Divorce mediation allows parties to meet with an impartial third party to discuss issues related to their divorce. Typically this involves several matters such as spousal support, child custody, child support, property division, and more. At times, reaching agreements can be complicated, and emotions can run high. Mediation allows parties the opportunity to develop divorce agreements outside of the courtroom. While some states may require mediation, Texas is not a state that imposes this restriction. Mediation offers several advantages but most importantly, it allows couples to resolve issues and form agreements together rather than through litigation, which can typically allow for a more efficient process.
How is property divided for divorce?
When the court makes decisions, they will observe divorce laws regarding property distribution within the state. Texas follows laws surrounding marital community property, meaning that any property or assets accumulated by the couple while they were married should be evenly distributed. This doesn’t necessarily mean that all situations allow all assets to be split down the middle. The court will take the time to review specifics carefully and consider several components such as income, estate sizes, financial conditions, earning capacity, etc.
To learn more about the services available at our firm, and how our divorce lawyer in Arlington, TX, can assist, schedule a consultation as soon as possible.
