DIVORCE IN TEXAS
Navigating Through the Divorce Process in Texas: Why You Need an Austin Divorce Lawyer.
Going through a divorce is not an easy process. It can be heartbreaking, stressful, and traumatic for both spouses and children. If you’re considering a divorce and want to make the process as easy as possible, it’s important to consult with a team that understands your needs. You will find a firm that operates with authenticity and empathy, like the Law Office of Brandon Bledsoe.
Requirements for Filing a Divorce in Texas
To be eligible to file for divorce in Texas, one spouse must have:
Lived in Texas for the six months prior to filing and
Been a resident of the county in which the suit is filed for 90 days before filing
Once residency is established, the grounds for divorce must be defined. Grounds for divorce may be no-fault or fault-based.
A divorce lawyer at the Law Office of Brandon Bledsoe can assist you in determining whether a no-fault or fault-based divorce will be the best approach.
No-Fault Grounds for Divorce in Texas
Divorces filed as “no fault” are much simpler and less costly than those based on fault because neither spouse is trying to prove that the marriage dissolved as a result of the other spouse’s behavior.
No-fault grounds for divorce in Texas include:
Insupportability of the marriage — essentially, there’s no chance for reconciliation
The spouses have lived apart for at least three years
In either of these two cases, the case can proceed without much argument from either side.
Fault-Based Grounds for Divorce in Texas
If the divorce is filed on the basis of fault, it will likely take longer to finalize and can also be much more costly to both parties. The spouse who declares the marriage has ended based on fault must present evidence of the actions of the other spouse that led to the divorce proceedings.
Fault-based grounds for divorce in Texas include:
Confinement to a mental hospital for at least three years
In any of these situations, it is up to both spouses to present evidence of guilt or innocence. At the Law Office of Brandon Bledsoe, our skilled Austin divorce attorneys can work with you to ensure you understand your legal position in a fault-based divorce.
Uncontested vs. Contested Divorces
An uncontested divorce means that both spouses have agreed on issues of property, child custody, and spousal support in advance. These are the easiest divorce cases for a divorce attorney to handle and will typically be settled quickly.
On the other hand, a contested divorce will likely lead to litigation or mediation. Contested divorces can be time-consuming and costly. Both parties will work with their attorneys to define the contested areas and what they are seeking to take out of the marriage. A judge will review all factors and determine the final outcome.
Areas that are typically contested include:
Texas is a community property state. Thus, any property in the marriage is assumed to be owned by both spouses unless:
Property was owned prior to marriage and kept separate during the marriage
Property was obtained through a gift or inheritance
Property was obtained through a personal injury award