What is a divorce?

 

A divorce is the legal process of dissolving a marriage relationship. For a Court to grant a divorce the parties must either reach an agreement or the court or jury must rule on different issues such as custody, child support, health insurance coverage, visitation, division of property and debts.

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What is a common law marriage and do I need to get divorced?

 

A man and a woman are considered common law married if they live together in Texas as husband and wife, hold themselves out as married, and have an agreement to be married. It should be noted that after a certain period of time in which the parties cease to live together, the law presumes that there was no agreement to be married. Practically speaking, it is advisable to speak with your attorney about a divorce if you believe you might be common law married or have created an informal marriage.

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How long will it take to obtain a divorce?

 

It depends on the complexity of your divorce. At the very least, parties must wait sixty days after filing the petition for divorce before they can finalize the case.

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What are the grounds for divorce in Texas?

 

Texas is a "no fault" state. This means that a party may obtain a divorce and does not have to prove either spouse caused the breakup of the marriage. The no fault ground for divorce is insupportability, which means that the relationship between the parties does not support the marriage and more specifically that there is a discord or conflict of personalities which has destroyed the legitimate ends of the marriage relationship.

In some situations, a party may decide to plead and prove a ground for divorce. The grounds for divorce in Texas are:

• cruelty;
• adultery;
• a felony conviction and imprisonment;
• abandonment for at least one year[
• separation for at least three years; and,
• confinement in a mental hospital for three years with the condition likely to continue or recur in the future

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Where can I file my petition for divorce?

 

For a party to file a petition for divorce, a party (or their spouse) must have lived in Texas for the past six months and in the county in which the petition was filed for the last 90 days.

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What is the difference between an uncontested divorce and a contested
divorce?

 

An uncontested divorce is a divorce in which the parties have reached an agreement on all issues. The attorney’s role in an uncontested divorce is to draft the paperwork according to the agreements the parties have reached.

A contested divorce is a divorce in which there are any issues that are not agreed to in advance by the spouses. If there is a need for temporary orders, then the divorce is contested. If there is a need for a temporary restraining order, then the divorce is contested.

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How do I tell my family and friends that I am getting divorced?

 

Telling people you are getting divorced is a sensitive topic. A divorce is a difficult time for you and for your children. Start with the people you think will be the most supportive and decide what you will tell them ahead of time. Don’t give out too much information. Try to understand that some people do not want to feel like they are taking sides in a divorce. Try to keep your conversation as neutral as possible. Try as much as possible to understand that some people will take your spouse’s side.

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What can I expect to pay for child support?

 

Child support is calculated based upon a percentage of the parent’s adjusted net income, taking into consideration income taxes paid for a single person claiming one dependent. Also, credit is given for other children of which the parent has a legal duty to support and any health insurance paid for the child the subject of this suit.

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I am contemplating filing for divorce. Is there any benefit to being the
first person to file?

 

There are both benefits and detriments to being the first to file for divorce. The person that files for divorce is called the "Petitioner". The Petitioner gets to speak first and sets the tone for the divorce. Also, the Petitioner has the ability to file documents and take measures to preserve the parties’ estate and prevent any dramatic increase in the couple’s debt while the divorce is pending. However, there are some detriments to filing first for the divorce. First and foremost, the party that files for divorce must pay the initial filing fee. On some occasions, the court may order the opposing party to reimburse this fee. However, oftentimes, the party that files for divorce incurs the initial expense of the filing fee. More importantly, a detriment to filing for divorce is that the Petitioner is the party that initiated the divorce proceeding. Some spouses, family, and even children may feel like this person is to blame for the breakup of the marriage.

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I have children and want to get divorced. What can I expect regarding
custody?

 

The law is going to presume that the parties should be named Joint Managing Conservators of the minor children. Typically, one parent will be the parent designated as having the right to determine the primary residence. This right to determine the primary residence may or may not be subject to a geographical restriction. In some situations, where the parents have a great deal of difficulty regarding the children, or where one parent has exhibited unsuitable conduct affecting the children, such as drug use, alcohol abuse, domestic violence, sexual abuse, then the court may name one parent as the sole managing conservator and the other parent will be named the possessory conservator.

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My spouse and I have decided that my children will live with their
mother/father. When will I get to see my children?

 

All possession schedules defined in a divorce decree will state that the visitation schedule is absent an agreement of the parties. Therefore, the parties may agree to a visitation schedule that is not in accordance with the terms set out in the court orders. This level of cooperation is encouraged. If the parties do not agree on a visitation schedule, then the Court will impose a visitation schedule. Most judges will impose the visitation schedule set out in the Standard Possession Order.

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What type of rights and responsibilities will I have regarding my child?

 

To name a few rights a responsibilities the court will split between the parties, the right to make educational decisions, the right to receive and give receipt for child support, the right to consent to psychiatric and psychological decisions, the right to consent to marriage and enlistment in the army. This list is not an exhaustive list, so please speak with your attorney regarding these children’s issues.

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Before I was married I had certain property. Will this be divided in the
divorce?

 

As a general rule, separate property is property that was owed before marriage, or acquired at any point by gift, devise, or descent. Separate property is not divisible at a divorce and will be awarded to the proper party. It is the burdens of the party claiming the property as separate prove the character of the property.

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What is community property?

 

As a general rule, community property is property acquired during marriage. The court will presume that all property in a divorce is community property. Any party claiming property as separate property will have to prove to the other spouse and the court that the property is separate property.

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How will my property be divided in my divorce?

 

Typically, a court will divide community property equally. However, if a party pleads and proves a ground for divorce, the court may grant an unequal distribution. Also, one spouse may request an unequal distribution based upon such claims as earning capacity of the spouses, education of the spouses, ages of the spouses, community indebtedness, and the spouse to whom conservatorship is granted.

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Does Texas have alimony and if so, how much can I expect to pay?

 

Texas has a modified form of alimony, which is called spousal maintenance. You must meet certain requirements and if met, spousal maintenance is limited in duration and amount.

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I have just been served with papers for divorce or I have received a
copy of the Petition for Divorce in the mail. What do I do next?

 

If you have been served with papers for divorce, then you have a certain period of time in which you must file an answer with the court. Otherwise, the court can take adverse action against you. If you have been served or if you receive documents in the mail, contact your attorney and make an appointment.

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