Filing for divorce in Texas can be a complex process. There are a few things that will happen when you file for divorce, and it’s important to understand what to expect. In this article, we’ll walk you through the process of filing for divorce in Texas and what to expect once the proceedings begin.
What to Expect When You File for Divorce
If you are considering a divorce, it is important to understand the basics of Texas divorce law. A qualified divorce lawyer can help you navigate the legal process and protect your interests.
Deciding on the Grounds for Divorce in Texas
In Texas, there are two types of divorces: fault and no-fault. In a fault divorce, one spouse must allege that the other spouse has committed adultery, been cruel or abusive, or deserted the family. If one spouse files for a no-fault divorce, it means that both spouses agree that the marriage is irretrievably broken and there is no hope of reconciliation.
A divorce lawyer can help you determine which type of divorce is right for you and guide you through the process step by step. If you have children, your lawyer can also help you create a parenting plan that is in the best interests of your children.
The Process of Filing for a Texas Divorce
If you have decided to file for divorce, the first step is to file a petition with the court. The petition must be served on your spouse, who will then have 20 days to respond. If your spouse does not respond within that time period, you can proceed with a default divorce.
Child Custody and Support in Texas
If you have children, child custody will be one of the most important issues to be decided in your divorce. In Texas, there are two types of child custody: physical and legal. Physical custody refers to where the child will live, while legal custody refers to who will make decisions about the child’s education, health care, and other important matters.
Child support is another important issue to be decided in a divorce. The non-custodial parent is typically responsible for paying child support to the custodial parent. Child support payments are based on a number of factors, including the income of both parents and the needs of the child.
A divorce lawyer can help you negotiate a child custody and support agreement that is in the best interests of your children.
How Property is Divided in Texas Divorces
In Texas, all property that is acquired during the marriage is considered to be community property and will be divided equally between the spouses in a divorce. However, there are some exceptions to this rule. For example, if one spouse owns property that was inherited or received as a gift, that property may be considered separate property and not subject to division in a divorce.
A divorce lawyer can help you determine which assets are considered community property and which are separate property. They can also help you negotiate a fair and equitable property division agreement with your spouse.
How Spousal Support is Determined in Texas Divorces
Spousal support, are payments made from one spouse to another during or after a divorce. Spousal Support may be awarded if one spouse is unable to support themselves financially or if the couple has a child together. The amount of alimony that is paid and the length of time it is paid will be determined by the court.
A divorce lawyer can help you negotiate an alimony agreement with your spouse or represent you in court if necessary.
The Importance of Having a Good Divorce Lawyer
While it is possible to file for divorce without a lawyer, it is not recommended. The divorce process can be complex, and a good divorce lawyer can help you navigate the process and protect your rights. A divorce lawyer can also help you reach an agreement with your spouse on all of the important issues in your divorce, such as child custody, property division, and alimony.
If you are considering filing for divorce in Texas, contact a divorce lawyer today to discuss your options.
What To Do If You’re Served with Divorce Papers
If you have been served with divorce papers, you will need to file a response with the court. The response must be filed within 20 days of receiving the divorce papers. If you do not file a response, you may be subject to a default divorce.
Once you have filed your response, the divorce proceedings will begin. The court will resolve all of the important issues in your divorce, such as child custody, property division, and alimony. A divorce lawyer can help you negotiate an agreement with your spouse or represent you in court if necessary.
If you are facing a divorce in Texas, contact a divorce lawyer today to discuss your options.
What Happens at the Final Hearing?
The final hearing is the last step in the divorce process. At the final hearing, the court will issue a divorce decree that will officially end your marriage. The divorce decree will resolve all of the important issues in your divorce, such as child custody, property division, and alimony.
A divorce lawyer can help you negotiate an agreement with your spouse or represent you in court if necessary.
Choosing an Attorney
Divorce is a legal process that can be complex and emotionally charged. It is important to have an experienced divorce lawyer on your side to protect your rights and help you navigate the process.
When choosing a divorce lawyer, it is important to choose someone who has experience handling divorces in Texas. You should also choose an attorney who you feel comfortable with and who you can trust to represent your best interests.
Here at the Jimenez Law Firm, we have experience handling all kinds of Texas divorce cases. We’ve helped families through tough custody battles and get the support payments they deserve. While divorce can be intimidating, you can rest easy knowing our kind and experienced legal team has your and your child’s best interests in mind.