Divorce was once relatively uncommon because it was rarely granted except on exceptional grounds. There was also a social stigma associated with it. Today, things have changed dramatically. Divorce has become much more widely accepted and easier to file for, as well. However, there are a few things that many Texas residents may not know about pursuing divorce in the state. Here are four things that you should know if you’re thinking about untying the knot, but may not be aware of.
1. Divorce While Pregnant Is Unlikely
One thing that might catch you by surprise is that you’re unlikely to be granted a divorce while you are pregnant. The reason for this is more pragmatic than you might assume at first. The court wants to ensure that all the details of the case are handled at one time, which includes things like child support and custody. However, while the divorce decree probably won’t be granted while you’re pregnant, that doesn’t mean that you cannot begin the process. Filing now ensures that everything is in place once the baby is born, allowing you to move forward quickly and easily.
2. No Legal Separation
Another thing that catches many people unaware is that Texas does not recognize legal separation. You are either married or you are not. While that does not mean that you and your spouse must live together, it does mean that you are recognized as being married until your divorce decree is granted.
3. Texas Is Still a Common Law State
In a day when most states are moving away from this stance, and despite the fact that Texas doesn’t recognize legal separation, the state does still recognize common law marriage. If you’re not completely sure what common law marriage entails, or if you’re involved in one, it requires that you and the other party agreed to be married, even if you never went through with it. You must have then lived together as husband and wife, and you must have presented yourselves to others as being married.
4. Property Is Divided 50/50
While some states take a different stance, Texas follows a “just and right” division of property in marriage. That is, you and your spouse will need to divide the property 50/50. However, if one spouse is found “at fault” for the divorce, there is a chance that the other will receive more than 50% of the marital assets in recompense.
Are you facing a divorce or thinking about one? Get the help you need with the Blacknall Firm. Call us today at 214-678-9111 to schedule a consultation.