Category: Default

Grounds For Divorce

The state of Texas has recently become a “No Fault” state. What this means, is that neither party needs to prove anything beyond Insupportability to be granted a divorce. Insupportability states that the marriage is insupportable, that there is so much dissension, and incompatibility the marriage is no longer viable. The majority of divorces in Texas are filed under grounds of Insupportability, since there is essentially no case that needs to be proved.

There are other circumstances where one party may initiate a divorce under certain grounds. These divorces are usually contested and need to be proved by the person who has made the allegations.

There are different terms and grounds for divorce and if you are seeking a divorce that is not based upon Insupportability but on another ground, you will most likely want to make sure that you hire an attorney who will assist you with the legal groundwork involved.

According to Texas law you can seek a divorce based upon the ground of Cruelty. This may include physical and emotional abuse to mental cruelty. You may also legally file for divorce based upon the grounds of adultery. It is important that you have adequate proof of infidelity before filing based upon this ground. Love letters, emails, eyewitness accounts, and reports from a private investigator can all help prove your case.

If your spouse has been convicted of a felony and/or has been in state or federal jail for over a year, you may file for a divorce. If your spouse cannot be pardoned, you may very well win your divorce case. However, if your spouse was convicted due to your testimony, you cannot use Conviction of a Felon as grounds for a divorce.

Abandonment is another condition where you may be granted a divorce. To file for divorce based upon the grounds of Abandonment, you will have to prove that your spouse has been away for a year or more, and has no intention of returning.

Sometimes, couples separate and never file for divorce. If you and your spouse have been living in separate homes for over three years, you can file for divorce based upon the grounds of Living Apart.

You may also petition the court for a divorce based upon the grounds of Confinement in a Mental Hospital. This states that your spouse has been in a mental hospital for over three years, and there in no indication that they will recover.

While Texas is a No Fault state, if you file for divorce under one of these grounds: Abandonment, Adultery, Conviction of a Felony, Living Apart, Confinement in a Mental Hospital, or Cruelty, you are basically stating that your spouse is at Fault for the divorce. When you file for divorce based on a “Fault” ground, your spouse has a legal right to defend him or herself. Fault divorces are typically longer and more expensive then No Fault divorces. If you feel that you could file based on a Fault ground, you may want to consult an attorney to determine if it is truly worth filing this way.

Regarding Property Division

When a couple is married they begin to acquire a lot of possessions. As the family grows, they share children, real estate, businesses, furniture, cars, beach homes, trusts, bank accounts, and more. It is wonderful while the marriage is thriving to share your belongings with each other, yet when a couple decides that it is time to get divorced, it doesn’t take long to realize that both parties want to own the property.

In Texas, property that was acquired during a marriage is considered to be Community Property. It is possible to have Separate Property throughout a marriage as well. Separate property consists of items that belonged to the spouse before the marriage, as well as gifts, inheritances, or trusts that were left or given to the individual. When it comes to divorce, the court deals with Community Property and seeks to divide the property in a way that is just and right. It should be noted, however, that just and right does not mean equal.

Some divorces seem that they are easy to finalize. There may have been no children, little or no property acquired throughout the marriage, and both parties are in agreement of how to dissolve the marriage. In fact, this type of divorce may be finalized without ever needing to go to trial or attend court. Yet, it can be stated that the more property that is acquired throughout the marriage, the more complicated the divorce process will become. It is often impossible for both parties to equally distribute the community property by themselves, and the counsel of attorneys and the court is imperative in reaching closure.

It is a wise idea to document and prove throughout your marriage what is your separate property; otherwise it may be distributed as community property during a divorce. Community property must be disclosed to the court as well. It is against the law for one spouse to hide property from the other spouse or the courts.

Since even spouses with the best intentions will find property division a reason to argue, it is imperative that you seek the advice and counsel of an experienced divorce attorney to ensure that the property is divided fairly and justly. Often, the court may determine the value of the marital estate then divide that in half. Each party will receive items that are equivalent to their share of the estate. However, it is important to realize that the court may choose not to divide the marital assets at an even 50/50 split.

The court will take other issues into consideration. For instance, the court may look at who was at fault or responsible for the marriage to end. Also, if there are children that have special needs, the court may award more to the parent who is supporting the child or children. The judge will also take into consideration the earning capabilities and the educational status of both parties. The best thing for any couple to do that is involved in a divorce that involves Community Property is to contact a divorce attorney that specializes in property division.

Marriages And Divorce

Not all states recognize or have legal provisions for Common Law Marriages. However, Texas does. A Common Law Marriage is entered into when two people have declared that they are married. The practice of Common Law Marriages dates back to the frontier days. In the state of Texas, there simply were not enough pastors or priests to marry all of the couples who were in love. Despite the fact that clergymen did not marry these couples, the couples lived together as husband and wife and declared in front of witnesses, (family, friends, and their community) that they were married. There were no legal grounds to deny that these couples were married and the union known as Common Law Marriages began to take hold throughout Texas.

Today, the state of Texas still recognizes Common Law Marriages, though they are more commonly referred to as Informal Marriages. Yet, for a couple to be declared a Common Law Marriage certain legal requirements must be met and adhered too. Many times, couples may try to have things more than one way. They may try to claim that they are married for tax or health benefits, yet declare they are single for credit purposes. The law will determine if a couple is in fact married through Common Law, and it is important that couples understand their status and adhere to it.

First, to be declared a true Common Law Marriage in the state of Texas, there must have been an intention or declaration that the couple was living as a married couple. This will need to be proved in court and it is often verified through documents such as tax returns, health insurance forms, leases, and verbal communication through witnesses. It is very important that couples understand the legal issues involved when representing themselves as husband and wife.

Some may think that it is simpler to have a Common Law Marriage then to be officially married and risk the chance of undergoing a subsequent divorce, however many find that Common Law Marriages may be just as messy and emotionally heartbreaking when they end as regular marriages.

So, with the intent of being married and the declaration that you are married by presenting yourselves as married to others, you are considered to be in a Common Law Marriage. If you are cohabitating in the state of Texas, you are in a Common Law Marriage. Now, not all couples who live together want to be considered to be in a Common Law Marriage. These couples would benefit greatly by having a non-marital agreement that defines the terms of their relationship. By creating this agreement, you are both protected should you decide in the future to end your relationship.

However, for those couples that have been living together as husband and wife and they want to end the relationship, a number of issues begin to arise. How will the couple distribute property that they have accumulated? What about the children? Who will determine Possession and Conservatorship? It is very important to realize that once you have been established to be in a Common Law Marriage, the same rules that apply to other legally married couples are applicable to you as well. Because of this, a Common Law Marriage will end in divorce, just as a traditional marriage.

You should never make the mistake of believing that you were in a Common Law Marriage and do not need a formal divorce. If your Common Law Marriage has ended, you should seek the advice of a divorce attorney immediately.

Choosing A Divorce Lawyer

Divorce can be more than an emotional upheaval- it is also a legal battle that if not handled correctly, can leave spouses devastated, devoid of their parental rights, and wreak havoc on the lives of innocent children. Sometimes, couples may choose to divorce quietly and without waging a bitter battle against one another. These divorces are considered; “uncontested” and many couples choose to work out the agreements and terms of their divorce together. These divorces may even be entered upon with out the aid or assistance of an attorney, (however, it is important to realize that divorce is a legally binding contract and should always be reviewed by an attorney) and may be resolved quickly, simply, and with the best interests of the children in tact.

Yet, it is also possible that the divorce proceedings will be “contested”. This means that both parties do not agree upon the terms of divorce, or they cannot come to an agreement. It is vital to ensure that you have an attorney that will represent you and your case with expertise, experience, and keep your best interests at the forefront of the case. However, it may seem very challenging to determine which divorce attorney will best meet your needs. Here are some tips that will help you in your search for a divorce attorney that will help you through this difficult process.

First, it is important to look at the background of any divorce attorney that you are seeking to hire. You should find out if the attorney has a good reputation among the community. If you have a friend who went through a divorce, asking them for personal recommendations is a great way to begin. Word of mouth is still the best form of advertising, and finding out if your friends or family members felt comfortable with and trusted in their attorney is a great way to find the attorney who will best represent your case.

Once you have found a few attorneys that were recommended you would need to narrow down your choice until you have selected the attorney to represent you. This is where it will pay off to do your homework. One of the first steps you should take is to schedule a free initial consultation with the attorney. The attorney should make time to sit down with you, listen to your case, and let you know what they can offer you. The first consultation is essential for giving you the information that you need to make a well-informed decision. Make sure to write down the most important questions or points of your case beforehand, so that you take advantage of the consultation wisely.

When you go to the free consultation, be sure to take note of how the office staff treats you. If you don’t feel comfortable or feel as if the legal staff treats you, then there are good chances to believe that the attorney isn’t running their office as diligently as he or she should. Observe how the employees greet you as soon as you walk through the door.

It is also important to note whether or not the attorney specializes in family law. You should inquire about how many family law cases the attorney handles per year. By taking the time to research several attorneys and doing your homework, you can ensure that you will choose a highly qualified divorce attorney who will best meet your needs.

Texas Divorce Home

Getting divorced is a difficult time in anyone’s life. In fact, some have considered divorce to be equivalent to death. During divorce, a couple is severing their marriage and it is natural for a period of grieving to take place. If children are involved, the process may become even more emotionally charged. Due to the sensitive nature and high emotional stakes, it is imperative that anyone undergoing a divorce in the state of Texas understands Texas law as it pertains to grounds for divorce, common law marriages, annulments, legal separations, child support, custody, visitation, alimony, spousal support, property division, and Pro Se Divorce (filing for your own divorce).

Though this site does not offer legal advice, we have gathered the most pertinent resources and information that pertain to Texas law and have compiled them for you here. However, we are not lawyers and do not offer legal advice. If you are in the process of, or considering divorce and need legal advice, then you need to seek the assistance of a qualified Texas divorce lawyer.

There are many different reasons why a marriage ends in divorce and it is essential that both parties are equipped with as much information as possible before they enter the court room. Some couples are able to end their marriage in what is referred to as a “Civilized Divorce”. A civilized divorce occurs when both parties are able to agree upon the terms of the divorce and work out an agreement on their own.

However, it is still a good idea to seek the advice and counsel of a Texas divorce lawyer to ensure that the agreement is reasonable to both parties. In fact, some civilized divorces are so favorable, that they never go to trial. Due to the highly stressful nature of divorce, finding a mediator or lawyer who can assist you with a civilized divorce is highly recommended as it will make the process less intrusive as well as quicker.

Sometimes, no matter how hard the parties try to get a long, there simply is no reasonable solution but to seek the assistance of outside help. For some, the result may be a Collaborative Divorce. A Collaborative Divorce is a great solution for those who want an amicable outcome, yet need help communicating with each other. Often, this type of divorce involves the parties and their attorneys meeting with each other until all issues have been formally resolved and agreed upon. It is possible that with a Collaborative Divorce, that you may not need to go to court to have the divorce finalized.

From finding a mediator to ensuring that you have completed divorce forms accurately, getting a divorce requires the assistance of qualified legal help. In the state of Texas, there are many resources available to ensure that even low-income citizens receive the legal aid that they need. Legal aid in Texas is not only available, it is highly recommended for those who are involved in a divorce. Even if it seems that you and your spouse have worked out an arrangement to both of your satisfaction, it is still a wise idea to meet with an attorney to ensure that your rights are being protected.

Pro Se Divorce

Today, many marriages are ending in divorce. However, not all of these couples are ready or willing to pay large attorney fees or feel that it is necessary to have their battles displayed in a courtroom. Many couples feel that they may divorce amicably and feel that they can agree upon the terms of their divorce amongst themselves. These couples may choose to initiate a Pro Se Divorce, which means that they will represent themselves and not have an attorney.

Most people feel that there are both pros and cons to representing yourself throughout a divorce. First, one of the benefits may be that if you and your spouse can agree on the terms of your divorce, and have a clear understanding of the legal forms required to petition the court, you may be able to have your divorce finalized very quickly, as well as inexpensively. The negatives are simple to understand. There is a very good chance that you may make a drastic mistake since you are not a qualified attorney.

If you are considering filing Pro Se because you fear that you cannot afford an attorney, then you may want to consider choosing legal aid. Based upon your income, you may qualify for services. If however, you find that you don’t qualify for services you can always schedule a free consultation with an attorney. The consultation is a great time to discuss your case and determine if they could help you. Some attorneys even offer a flat rate for their services. If after meeting with the attorney, you still feel confident in representing yourself then you should.

You may want to take advantage of the Texas State Law Library and conduct as much research as possible. You can also download the forms that you need for free.

If you do need to appear in court, it will be expected of you to know how to act civilly. You should always dress appropriately. Women should wear a loose fitting dress, skirt, or pants, with conservative and modest hemlines. Men should wear suits, jackets, and ties or a shirt with a collar.

Using proper etiquette will help you prove your case more effectively. This includes speaking clearly and not interrupting your spouse or the judge. Never chew gum in court, and refer to the judge as “Your Honor.”

You will need to be prepared to discuss Community Property, Child Support, Custody and Visitation arrangements. The first step that you will need to take is to file the petition for divorce. There are legal requirements that must be met before you file a petition for divorce. First, you and your spouse must have lived in Texas for at least six months. You will also need to file the petition in the county where you have lived for the past ninety days. You will also need to choose the grounds for divorce. Since Texas is a “No Fault” state, it may be simplest to file No Fault. You will need two extra copies of the Petition for Divorce.

You will file the original with the Clerk of the Circuit court and then you will send one of the copies to the respondent. After you have paid the appropriate fee and have filed the petition, you will receive a case number. You will then need to notify your spouse of the proceedings according to the terms of the law, and follow all procedures set forth in the divorce process. Even though you are representing yourself, you will still be subject to the 60-day waiting period before your divorce can become final.

Children And Visitation

When a couple decides to get divorced they may have decided that they no longer want to be part of each other’s lives. However, if they have had children together, they will soon discover that they cannot permanently remove themselves from each other’s life. The marriage may be over, but parenting lasts a lifetime.

Unfortunately, many mistakes are made when it comes to divorced parents and their children. It is imperative that when a couple divorces they understand that the children must be the most important focus of the divorce. Some parents are able to divorce amicably and reach their own divorce agreement that is geared with the children’s best interests at heart. Yet, there are also many cases where the parent’s anger, bitterness, and resentment take over reason, and the children become unwitting pawns in the game of divorce.

The state of Texas has looked at the issue of children and divorce carefully and have taken pro-active steps to help ensure that children will be cared for in a loving and positive manner by both parents. The first step that they have initiated is to rule in favor of Joint Managing Conservatorship. This basically states that both mother and father should share joint custody of the children. Though the children will have to have one main permanent residence, it is the will of the court, as well as in the best interest of the child, for both parents to have liberal and frequent access to the children.

Unfortunately, sometimes the best-laid divorce plans go wrong. After the divorce is final, one parent may begin to withhold visitation from the other parent. Not only is this difficult for the children involved, it is also against the law. If you have a divorce agreement or court order that specifies visitation your ex spouse must adhere to the dictates within that order. If they withhold visitation, you should seek the advice of an attorney; you may need to go back to court.

Another situation that may occur is if one parent falls behind in their child support payments, the other spouse may try to withhold visitation. Again, this is not in the best interest of the children and it is also against the law. Child support and visitation are two separate issues. If there is a problem with child support, it should be addressed with the proper channels, visitation should never be used as a weapon against the other parent.

In Texas, orders for visitation are referred to as “Possession”. Texas law also maps out in great detail when the non-custodial parent should have visitation with their child or children. Most courts are in favor of parents that are willing to work together to ensure that the children spend ample time during the week, on weekends, holidays, vacations, and on birthdays with both parents.

There are many times when it may be necessary to modify the divorce order. Sometimes, it may even be in the best interest for children to move their primary residence from one parent to the non-custodial parent. Any time there is grounds for modification, a petition may be filed with the court to modify both the Joint Management Conservatorship as well as Possession.