Divorce is rarely a simple thing. This is particularly true if you and your spouse are unable to agree on even basic things, like property division or child custody. They can become bitter, drawn-out legal battles that leave scars on both sides. Just navigating the divorce process in Texas can be challenging, and having some basic information before beginning the journey can simplify things.
How long does it take to get a divorce in Texas?
There is no one-size-fits-all answer here. All divorces require at least 60 days due to the state’s waiting period. However, very complex cases may take much longer. Other factors that influence the length of a divorce case include:
- Inclusion of the mediation process
- Complexity of marital property division
- Child custody issues
- Complexity of assessing financial assets of the noncustodial parent
Who gets to keep the house?
In Texas, any property accumulated during the marriage is considered marital property, and both spouses have equal claim. If you and your spouse cannot agree about what to do with the home, then it may be up to the judge to determine how it is disposed of. There will also be negotiations to determine the most advantageous split of possessions/assets, as well as an in-depth inventory of all marital assets. Note that divorces often do not end in an even 50/50 split of marital assets.
Will my spouse be required to pay my legal fees?
In most cases, both parties are responsible for paying their legal fees. Don’t count on the court ordering your spouse to pay yours.
What sort of visitation schedule will the court decide to use?
All cases follow the Standard Possession Order outlined in the Texas Family Code unless there is reasonable cause to veer from this. In most cases, the noncustodial parent will have visitation on the first, third, and fifth weekend of the month, on alternating holidays, and for one month during summer vacation. However, couples may create a visitation schedule that works for their lives, so long as the judge agrees with the plan.
How do I move forward?
To move forward with your divorce, you’ll need to contact a reputable Texas family law attorney. You can reach the Blacknall Firm at 214-678-9111. After an in-depth consultation, we can begin working on a divorce agreement that is fair to everyone involved.