If your marriage has reached its end, whether it lasted a few years or a few decades, chances are you’re unsure about the process and what your life might look like during and after your divorce. It’s completely normal to feel overwhelmed; after all, life is changing.
The divorce attorneys at The Schneider Law Firm in Fort Worth, with decades of experience in family law, wanted to share answers to a few of the most common questions we receive from people when they first come to our office. There are obviously many more questions than these, and perhaps we’ll cover them in a future blog post, but we wanted to provide at least some insight here to help you get grounded.
1. Do We Need Fault Grounds to Get Divorced in Texas?
No, Texas is a no-fault divorce state. That means a spouse can file for divorce by simply claiming there are irreconcilable differences or that the marriage has become “insupportable,” which means there is a conflict of personalities that can’t be reconciled. No-fault divorces are by far the most common. However, judges can take fault into account in cases involving adultery, cruelty or abandonment. Fault can have an effect on property division.
2. Will Our Property Be Divided Equally?
Texas courts are not required to give each spouse an equal share of the marital property. The law says property division must follow a “just and equitable distribution.” That could mean, and often does mean, that one spouse ends up with more property, or property of higher value, than the other.
3. How Long Does a Divorce Take? Is There a “Quickie Divorce”?
It depends on what you think of as “quick.” Texas law has a mandatory minimum waiting period of 60 days before any divorce can be finalized. The 60 days begins on the day the divorce petition is filed. Additionally, if you are new to Texas, or new to a county in Texas, other waiting periods apply. Prior to filing for divorce, one of the spouses must have resided in the county for 90 days. And, one of the spouses must have been a Texas resident for at least six continuous months. Check out our full blog post on this topic.
4. What Happens With My Living Situation Once Divorce Is Filed?
If the parties cannot agree on living arrangements for themselves and their kids, then a temporary orders hearing will be held shortly after the initial divorce filing. These hearings are used to decide:
- Where each spouse will live
- An initial child custody arrangement
- Temporary spousal support or child support
- Which bills each spouse is responsible for paying
- Who gets which vehicles
- And other preliminary practical matters
5. Do We Go to Court Right Away After Filing?
Most cases, in fact, settle out of court. Mediation will be ordered in the vast majority of cases. Texas judges want the couple to work out the issues and only come to court in the last resort, because it is harder on children, and more expensive.
Our Fort Worth Lawyers Are Here to Help
The Schneider Law Firm has handled thousands of Texas divorces and our attorneys are ready to help protect you and your kids. Call our Fort Worth attorneys for a free consultation at817.755.1852 or contact us online today.
Sources:
https://texaslegal.org/texaslegal-blog/5-must-know-facts-about-divorce-in-texas#
https://smartasset.com/retirement/texas-divorce-laws
https://www.dmagazine.com/sponsored/2019/02/10-things-to-know-about-getting-a-divorce-in-texas/
