Getting a divorce in Texas can be a complicated process, due to the sheer number of issues that need to be addressed – from the division of assets and debts to spousal support, child support, child custody, visitation rights, and many more. This is why it’s vital to be represented by an experienced Austin divorce attorney, who can help you navigate the divorce process and achieve the desired outcome through mediation, arbitration, or litigation.
Understanding the critical aspects of Texas divorce law can help you get started with the divorce process on the right foot. In this article, we take a look at three key aspects of divorce laws in Texas that you must be aware of. A dedicated Texas divorce lawyer will explain these aspects to you during your initial consultation.
Eligibility to File for Divorce in Texas
Under Texas law, you are eligible to file for divorce only if you meet the following criteria.
You or your spouse (or both of you) must have resided in Texas for a period of at least six months prior to the date of filing.
You (or your spouse, in case they are the one who is filing the divorce petition) must have lived in the county (where the petition is being filed) for a period of at least 90 days prior to the date of filing.
The process of getting a divorce in Texas includes a mandatory waiting period of 60 days – not including the day on which you file your divorce petition.
The 60-day waiting period can be waived only under exceptional circumstances. For instance, if your spouse has been convicted of family violence – against you, your children, or a member of your household – the court might decide to waive off the waiting period and grant a divorce quickly.
It should be noted that a 60-day waiting period does not mean that you will be granted a divorce on the 61st day. It can take anywhere from a few months to a year, depending on the degree of conflict between you and your spouse and the complexity of the issues involved.
An experienced Texas divorce lawyer can speed up the process to a certain extent by avoiding procedural lapses that can delay the process and by negotiating aggressively with the other party and make them see reason, thereby avoiding a protracted legal battle.
Under Texas law, marital property must be divided in an equitable – not equal – manner. In case of an uncontested divorce, you and your spouse might get an equal share of the property. If it is contested, or if your spouse is at fault (due to adultery, abandonment, cruel treatment, incarceration, or confinement in a mental asylum), you might get a larger share of the property.
It’s crucial to note that under Texas law all the property that you and your spouse acquired after marriage is considered ‘community property’. The only exception to this rule is the gifts you receive, which can be considered separate property.
In addition to this, the court might also take a number of factors into account – age, health condition, income, earning potential, child care expenses, and more – to decide which spouse gets a bigger share of the property. So, it’s paramount to be represented by a skilled Austin divorce lawyer who can ensure that your separate property is not mistakenly counted as community property and that you get a fair share of the community property.
Need Legal Advice on Divorce? Experienced Austin Divorce Attorney Eric M. Willie Can Help You!
Divorce, by its very nature, is a complicated process. An inexperienced divorce attorney might not only complicate it further but also fail to achieve the results you need. This is why you need a skilled and resourceful divorce attorney to represent you.
Eric M. Willie is a highly experienced Austin divorce attorney who can provide you with aggressive legal representation that delivers results. One of the most trusted divorce lawyers in Texas, Eric has a high success rate and can resolve even the most complicated of family law related issues through mediation, arbitration, or litigation.