5 Things You Need To Know About Divorce In Texas

Divorce is never easy, even under the most amicable of circumstances. Thousands of couples every year find out that, despite their best efforts, they can’t make their marriages work. Many of these couples never prepare themselves for the possibility of divorce. They often don’t know what to do, where to go or how to start the process. While divorce is never pleasant, we have some information that may make the process easier.

Here are some of the things you need to know about how the divorce process works in Texas.

#5: Grounds for Divorce

Texas law requires that the couples present a legal reason for dissolving the marriage. Reasons can include serious incompatibility issues that preclude the couple from reconciling or living together. The couple can also be living apart for at least three years as part of the separation process. These reasons are known as “no-fault” grounds. Other grounds can include “fault-based” grounds, such as spousal abuse, adultery, abandonment, felony conviction or commitment to a mental health institution.

#4: Residency Requirements

Couples filing for divorce in Texas must have one or both of the spouses living in Texas for at least six months. The law also requires the couple to reside in the county in which they filed for divorce for at least three months. Courts can finalize a divorce request no sooner than 60 days after receiving the initial petition.

#3: Divorce Paperwork

As with any legal proceedings, the spouses must complete some extensive paperwork as part of the process. Some counties may have local forms in addition to those required by the state. The forms will include the Original Petition for Divorce, the Citation, the Notice of Service of Process and the Decree of Divorce. Spouses may also file Temporary Restraining Orders, which can prevent the other spouse from selling or devaluing the marital property. These orders can also protect spouses seeking to leave abusive relationships.

#2: Community Property

Texas is a “community property” state. In Texas, a judge reviews the couple’s marital assets and works to divide the assets equally between the spouses. Most counties require spouses to file a Sworn Inventory and Appraisement of the marital property. Gifts that one spouse received from the other remain the property of the recipient and are not subject to community property division. Community property law also applies to payments either spouse receives from lottery winnings, investments or insurance payments.

#1: Professional Help

The most important piece of advice that divorcing spouses should follow is to seek professional help. Spouses should not rely on the goodwill of the other spouse or protections from the legal system. The best way to protect yourself is to consult with an attorney who will look out for your legal rights.

Source: DivorceNet

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