5 Things to Consider for a Texas Divorce
Everyone knows the word divorce, but most people don’t truly understand the technical components behind it. Whether you’re planning a divorce or are in the middle of one, it’s important to take every detail into consideration -- careful planning is the key to a successful resolution for everyone involved.
Is your divorce uncontested or contested?
An uncontested divorce means that both parties are able to agree on all aspects of the divorce such as child custody, community property division, splitting of marital assets and both understand and agree to sign all legal documents.
A contested divorce means that couples aren’t able to agree on some of the underlying aspects. This outcome is typically the result of poor communication, an inability to agree on community property division, opposing ideas of child support or custody, or other matters like evidence of spousal abuse.
Is your divorce a fault or no-fault divorce?
A fault divorce means that one or both parties have done something that causes them to no longer want to be together.
A no-fault is when both parties mutually agree that they no longer wish to be married.
Which type of child custody will you seek?
In the Texas Family Code, child custody is referred to as conservatorship. Conservatorship assigns a variety of rights to the designated parent, including but not limited to the right to make important decisions for the child.
There are two types of conservatorship that you can file for: Sole-managing conservatorship, and joint-managing conservatorship.
Sole-managing conservatorship means that one parent is awarded the exclusive legal right to make certain decisions for the child. Joint-managing conservatorship means that the rights and duties are shared by both parents, although certain decisions (like where the child will live) may still be granted to one party.
Will your community property be split 50/50?
Not necessarily. The state of Texas is not a 50/50 community property state, but instead requires a “just and right division” of community property. This means that a judge can rule against bad behavior, disparity in earning capabilities and fault grounds (adultery, abuse, etc). Perhaps most importantly, under Texas law community property accrues until the divorce is finalized.
Texas divorces can be tried in front of a jury
This separates Texas divorces from many other states for this reason. Though this isn’t a common practice, either party is able to demand a jury try their divorce or custody case and the court must oblige.
Divorce is never an easy situation. With the right legal counsel, it can be smooth and manageable. But divorce cases can get messy quickly, so it’s important to retain counsel that is experienced and will advocate for your best interests.
Contact us today to receive tailored legal advice for your specific case.