The divorce process remains one of the most challenging moments for many families globally. This is because many individuals find it very hard to break a relationship that has taken years to build. Separation also presents significant psychological challenges to the parties involved.
It is therefore important that you understand the various circumstances that surround divorce in your locality. This will definitely help you prepare for the task ahead.
The number of divorce cases has significantly increased in the recent past. Like other parts of the world, Texas continues to experience family separations every year. Your case is not going to be the first and you are not alone.
What you need to know in order to make the divorce process easier for you and your family:
1. Texas provides 7 statutory grounds for divorce
Unlike many other countries, the region presents the aggrieved parties with 7 grounds through which they can terminate their relationship. From the 7 options, 6 require that the partner filing for divorce provide concrete proof of fault on the spouse.
The 7th alternative, however, does not call for this. A no-fault ground allows partners to end their relationship without putting the blame on the other. It’s reportedly the most preferred option by many Texans.
2. Minimum duration of residence
You are required to file your divorce petition at the district court. However, it’s vital to understand that your petition may not go through if you fail to meet certain requirements. Among them is the duration of residence.
Either of the parties must have been a resident of the state for at least six months prior to the application. In addition, you must have lived in the county for a period of not less than 90 days.
3. You must not split the property 50/50
Unlike many countries, Texas is not fixed to 50/50 property division rule. With the use of the community property system, couples are allowed to decide their own methods of sharing their properties.
In a situation where the duo cannot reach a mutual agreement, the court judge will provide a manner that is considered just and right. Either of the parties does not have the right to claim a portion of the other’s separate property.
However, one is expected to prove beyond reasonable doubt that the property in question is actually separate as defined by law.
4. Mutual agreement on child custody
Texas divorce laws allow spouses to come up with a parenting agreement plan that suits both. This is particularly applicable when the child is above 3 years old. All you need to do is to file a written mutually agreed custody plan with the court.
In the event that the two of you cannot agree, the judge will overrule based on the interests of the child among several other factors.
5. Hire the right divorce attorney
Consider securing the services of a reputable family law attorney in Texas. Choosing the wrong lawyer may actually make your divorce experience more difficult. Look for a professional with a reasonable amount of experience in Family law.
Prioritize on a person who is willing to dedicate all his/her time to support you during this challenging moment. Go for quality service at an affordable price. These tips will help you navigate the divorce process peacefully.
