Guiding You Through the Texas Divorce Process
If you are considering filing for divorce in Texas, you may have heard anecdotes from friends and coworkers about what happened in their divorce or the divorce of someone they knew. However, much of what you hear is wrong. To understand how the process works, it's important to consult an experienced lawyer.
I'm Jesse White, a family law attorney in San Antonio, Texas. If you think a divorce is in your future, I offer a free initial consultation to explain the legal process and answer your questions about issues such as community property division, child custody and visitation, child support, and spousal support.
How Long Does It Take to Go Through the Divorce Process?
In Texas, there is a mandatory 60-day waiting period before you can get divorced. If your divorce is uncontested (in other words, you and your spouse agree how marital property will be divided and other issues), you can be divorced in as little as 60 to 90 days. If your divorce is contested, the process usually takes longer and may involve complex discovery about community property and valuation of assets.
How Is Marital Property Divided?
In Texas, all property accumulated during your marriage (except for gifts and inheritances) is considered community property and must be divided with your spouse. Gifts, inheritances and property you owned before your marriage is generally considered separate property and is not subject to division.
All property is presumed to be community property unless you can prove you owned it before the marriage or received it as a gift or inheritance during your marriage. The court cannot award your separate property to your spouse. However, all community property is subject to division and must be divided in a "just and right" manner. In determining what is "just and right," the court may take into consideration a number of non-exclusive factors. For example, the court may consider the spouses' abilities to support themselves or one spouse's wrongdoing or unjust conduct that lead to the breakup of the marriage.
What Are the Legal Steps of Divorce?
To begin the process, you or your spouse must file a legal petition for divorce. If your divorce is contested, the court will have a hearing for temporary orders regarding child custody, child support, spousal maintenance and payment of recurring expenses such as mortgage while your divorce is in process. The temporary orders can also contain injunctions restricting what you can spend and how you and your spouse will interact.
A Lawyer-Client Relationship Based on Trust
To discuss your concerns with an experienced San Antonio divorce attorney, call 866-207-6772 today or fill out the contact form on this Web site. Your initial consultation is free.
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