Considering that divorce laws change nationwide, it is important to understand the legal rules for your own state. Here is a breakdown of everything you need to know about the divorce process in Texas.
What are the Grounds for Divorce in Texas?
In Texas, one can file for divorce under one of these seven grounds.
1. Insupportability. The marriage is unable to continue due to disagreements that cannot be solved.
2. Adultery.
3. Cruelty. Divorce is one way to ensure legal protection from your spouse.
4. If your spouse was convicted of a felony. In order to claim this ground, the spouse must have been incarcerated for at least one year.
5. Living apart for at least three years.
6. Abandonment. Your spouse has left you with no intentions of coming back and has been gone for at least a year.
7. Confinement in a mental hospital for at least three years.
Residency Requirements for Divorce in Texas
In order to file for a divorce in Texas, both members must have lived in Texas for the previous six months and must have been a resident of the county where the divorce was filed at the time it was filed.
How are assets divided during a divorce in Texas?
In general, assets that were acquired while you are married will be considered “community property” and divided equally between the spouses. Property you acquired before you were married or was an inheritance or a gift is often considered separate property. Judges have discretion when dividing community property and can choose to split them in unequal ways. There are different factors that go into this decision, so if you have any questions, make sure to hire an experienced attorney for quality legal help.
Steps in the Divorce Process in Texas
The general process for filing for divorce can be broken down into five steps:
1. You and your spouse must qualify under the residency requirements.
2. You must have a legal grounds for filing.
3. You must file the divorce papers, and have a copy sent to your spouse.
4. If your spouse disagrees with anything in the papers, they have the right to contest the divorce in order to explain their side. If this is what happens, you may have to go to court to figure everything out.
5. You must split up all property, debt, and assets between the two of you. This will require legal help and may cause you to go back to court.
As always, it is important to invest in a quality attorney to help guide you through the complicated divorce process. A great way to find an attorney is to look online. Over half of all lawyers in solo practices and 81 percent of those in larger firms have websites. Nearly half of all of those polled say they are likely to consult a lawyer’s own website because they can ask questions, get legal help and because it offers a convenient benefit for those who live farther away.
If you are in a situation that requires legal representation, contact Texas Legal to find a network of attorneys to choose from.