Deciding to get a divorce is a major decision. If one partner is leaning toward divorce more than the other, you may want to first talk about your expectations and see if the marriage can be repaired. Many couples can restore their healthy relationship through marriage counseling or couples therapy.
Speaking with relationship experts can help you fix your communication problems, speak about the existing problems in your relationship, and try to bring about a change in the marriage. If you and your spouse have been together for a long time, it is worthwhile to speak with a licensed therapist or relationship expert about your marriage before deciding to divorce.
If you are in an abusive relationship or if there have been instances of domestic abuse, we strongly advise against trying to repair the marriage by speaking with a relationship expert. The most important thing to do in these cases is to come up with an exit strategy, ensure you and your children are safe, contact an attorney to help with the divorce, and get personal help from a clinical psychologist.
Types of Divorce in Texas
Couples in Texas can get a fault-based or no-fault divorce. Most couples today opt for a no-fault divorce, as it removes the requirement of proving that the other spouse caused the breakup of the marriage. This can make the divorce process a lot smoother and faster.
However, if you want to file a fault-based divorce, you can do so on the grounds of adultery, cruelty, abandonment, felony conviction, or mental incapacitation. We recommend speaking with a divorce attorney from our law firm before filing for a fault-based divorce. They can advise you on how to prove fault in divorce proceedings and build a strong case on your behalf.
If you opt for a no-fault divorce, you do not have to prove that the other partner caused the marriage to break up. This type of divorce can lead to a 50/50 split in the property and assets and is a good option for those who want to have a faster divorce without a lot of blaming and fighting. No-fault divorces still can be contested.
Contested Divorce
Most no-fault divorces in Texas are contested. A contested divorce is when both parties do not agree on ALL terms in the divorce, such as child custody, child support, division of property, and spousal support. Unless your marriage was short and did not involve children, it is unlikely to be anything other than a contested divorce.
During a contested divorce, both parties must negotiate the terms of the divorce settlement and try to reach a fair agreement that works for both of them. It is recommended that couples try to negotiate a settlement through mediation. However, this depends on the relationship that you have with your partner and whether there was domestic violence involved in the relationship.
While awaiting a final settlement during a contested divorce, a Judge will usually issue temporary orders for vital matters such as child custody and who remains in the family home. Often, the decisions taken in temporary orders can affect the final divorce decree. So, it is important to have strong legal representation from the beginning of your divorce proceedings.
Divorce Issues To Resolve
For some people, the most challenging decision is not whether to get a divorce, but deciding on marital issues during the divorce process. When you and your spouse’s lives are bound together for so many years, it can be complicated to separate these things after a divorce. There are many different things you need to resolve during a divorce, including:
Property Division
This includes all physical property and assets that you and your partner have together. As Texas is a community property state, only the property gained during the marriage will be divided between you and your spouse, unless it was acquired by a gift or inheritance. The division is not 50/50 but on a ‘just and right’ basis. So, you will need to prove that you are entitled to certain property and assets.
Child custody
If there are children involved in the relationship, you need to figure out a conservatorship arrangement. Conservatorship is the word used in Texas courts to describe “custody.” Parents are generally appointed as joint managing conservators and one parent is given the right to determine the primary residence of the children and the other parent is given visitation with the children. It is possible to get sole conservatorship, but you need compelling facts.
Spousal Support
If your partner was the primary earner during the marriage and you took care of the children, you may need spousal support to support yourself after a marriage. The requirements for spousal support are quite strict, and you must be married for at least 10 years to qualify under one portion of the Texas Family Code.
Resolving these issues is best done through mediation, if possible. In mediation, you should always hire a divorce attorney to represent your best interests and ensure that you get the fairest divorce settlement possible. If you cannot resolve these issues through mediation, your lawyer can represent you in court in a divorce trial.
Do I Need To Hire a Divorce Attorney?
If you are considering divorcing your partner, it is vital that you contact an experienced divorce attorney. Although you may not think it is necessary for your marriage, divorces can get quite messy. When money, assets, and children are involved, it can be extremely difficult to make important decisions.
You and your spouse will probably have different feelings about what is in your and your children’s best interests, and it is difficult to see clearly when there are emotions involved. Hiring a lawyer is the best way to ensure that your best interests are protected while promoting an amicable resolution of the marriage with your ex-partner.
A divorce lawyer can help you understand the divorce process, including what issues you need to resolve, the legal process, and what you are entitled to. They can represent you through mediation and help you resolve issues with your ex-partner amicably. If you cannot resolve the issues through mediation, they will represent your case in court and petition on your behalf to the Judge.
A lawyer will take the stress of divorce away from you. They will ensure that all documentation is submitted on time, that paperwork is filed correctly, and that you do not lose out on assets or property. If there are children involved, they will help you see the children’s best interests without letting the relationship get in the way.
