Posted by Mary E. Ramos | Divorce
When we know what to expect, facing hard things in life can be easier. Knowing what to expect during your divorce can help you handle it strategically and with less stress. Even better, an experienced and knowledgeable divorce attorney can answer all your questions and help ensure you get the desired results.
At the Ramos Law Group, PLLC, our award-winning attorneys have top-level experience and provide top-of-the-line representation to families in Texas. You can call us today to discuss your case. But for now, let’s look at common questions about divorce and divorce laws in Texas.
How Does the Court Divide Property and Debts in a Texas Divorce?
Texas courts divide community property and debts among the spouses and divide the property according to what they conclude is just and right. Going through a divorce does not mean you automatically lose half of what you own or gain half of what your spouse owns. And generally, courts allow each divorcing spouse to keep their separate property.
What Is Community Property?
Community property is anything each spouse acquires during the marriage that doesn’t qualify as separate property. When estimating what you might keep or lose in a divorce, identifying what property is separate can be crucial.
What Is Separate Property?
Under the State of Texas divorce laws, separate property is:
- Property each spouse owned before getting married;
- Assets recovered for personal injuries sustained by one spouse, excluding the recovery of lost earning capacity during the marriage; and
- Property each spouse obtained through descent, gift, or devise.
Carefully reviewing all divorce-related financial information with an attorney and financial professionals is vital to your fiscal well-being.
On What Grounds Can a Spouse File for Divorce?
You can file for a no-fault or fault-based divorce in Texas. The laws define a no-fault divorce as a divorce based on the insupportability of a marriage. A marriage is insupportable if a conflict of personalities or discord between the spouses destroys the legitimate ends of the marital relationship and prevents reconciliation.
Conversely, the fault-based grounds for divorce are:
- Confinement in a mental hospital,
- Conviction of a felony,
- Cruelty, and
- Living apart.
For some of the above-listed grounds, you must prove that the condition persisted for a specific time. Also, your spouse might present a defense to your fault-based claim.
How Does the Court Award Child Custody?
If you are navigating the divorce laws in Texas with a child, your primary concerns are probably about child custody. Under its divorce laws, Texas calls custody conservatorship and possession.
Texas courts decide who will have possessory and conservatorship rights according to what is in the best interest of the child. The sex of the spouses and the child does not matter when the court makes its decision, but the court considers the following factors when determining the child’s best interests:
- Each parent’s abilities,
- The child’s desires,
- The stability of a parent’s home,
- Any history of substance abuse by the child’s family or others with access to the home,
- Programs available to assist each parent,
- The child’s age,
- Any omissions or acts of a parent that suggest an improper relationship,
- Any emotional or physical threats to the child,
- Any excuses for parental omissions or acts,
- The child’s mental and physical vulnerabilities, and
- Any history of abuse committed by the child’s family or others with access to the home.
You might have to collect medical records, social work documents, education records, witness testimony, and police reports to prove your rights—or the need to limit your spouse’s custody rights.
How Much Does Divorce Cost in Texas?
Depending on where you file and the facts in your case, the price tag of your divorce can vary. If your divorce is complex, it will likely take longer and involve higher legal and attorney fees.
Filing for divorce without children in Harris County costs $350, but you must pay an additional $15 if your divorce involves a child. This filing cost might increase or decrease depending on the county where you file. However, spouses with limited means can ask the court to waive the filing fees.
How Long Does a Texas Divorce Take?
You must generally wait at least 60 days for your divorce to become final. This time may increase if you have high assets or have challenging child custody issues. Our skilled attorneys at the Ramos Law Group, PLLC, can efficiently handle your divorce matters while addressing your needs and protecting your rights.
We Have the Answers
The Ramos Law Group, PLLC, has received top honors from the legal community and top reviews from our clients. Our practice focuses exclusively on family law matters, so we can answer any questions you have about Texas divorce laws and how they might impact your case. We are headed by Mary E. Ramos, Board Certified in Family Law by the Texas Board of Legal Specialization. We care about you, and we know what we are doing.
So, give us a call or contact us online to schedule a family law consultation.
Last Updated on February 13, 2024 by Mary E. Ramos