When a married couple decides to go separate ways, they must go through a legal proceeding in order to dissolve their marriage. Since Texas is a “no-fault” state, couples can get divorced without either spouse having to prove that the other spouse did something wrong. Simply put, you don’t need to have grounds for divorce. That’s as simple as it gets, however. The path toward becoming single people again is long and arduous. It’s much more than simply returning to your maiden name. Many factors are at play when a divorce takes place. Whether the couple has children or not can be a major contributing factor to how the divorce proceeds. Community property, which constitutes as anything purchased while married, must be divided between the two. The exact division is not often perfect. Sergio Coronado Law is ready to help.
It’s important to understand that divorce in Texas is a lengthy process. The divorce will not be finalized until 60 days after the petition is filed. Depending on the complex nature of the divorce and the conflict within the relationship, the divorce process may take anywhere from six months to a year to finalize.
The state of Texas also doesn’t recognize legal separation. This means that even if you and your spouse are living apart, any property acquired by each of you still constitutes as community property. In the event of a divorce, this community property must be divided between you and your spouse. This is true even if you’ve been living separately for years. Since getting divorced is a complicated process, it’s necessary to team up with an experienced lawyer so the whole process can proceed as smoothly as possible.
Although divorce is a long, tricky process, there is a silver lining. Texas is a “no-fault” state which means a divorce can take place without the spouse having to prove any fault, marital misconduct or wrongdoing. If fault is established, however, the judge will take these aspects into consideration when the time comes to determine the division of assets.
If you’re getting divorced and you have children, then it will be necessary to agree on issues of custody and visitation. This way, the child will be able to maintain a close, continuing relationship with both parents once the divorce is finalized. If custody cannot be determined or resolved by agreement, the court will decide the final outcome. When making their decision, the court will keep the child’s best interest in mind. Child support will also play a big part in the conversation. Guidelines for the computation of child support are found within the Texas family code.
Spousal support is the term used to describe additional money paid by one spouse to the other over a temporary period of time in order to support the ex-spouse following the divorce. This money is not part of the division of property or child support. Spousal support may come into play if one spouse doesn’t make as much as the other, is younger than the other, or doesn’t have a college degree.
The state of Texas offers two types of spousal support. Court ordered spousal maintenance and contractual alimony. The first example, contractual alimony, is defined as payment to a former spouse that continues after a divorce. Alimony does not include child support. The second example, court ordered spousal maintenance, is more rare and occurs under very limited circumstances. In order to have court ordered spousal maintenance, one of the following circumstances must be present:
Divorce can be tricky. Many details must be sorted out before you can terminate the marriage. In order to proceed accordingly, it’s necessary to team up with an experienced divorce lawyer who can help you achieve what you’re hoping for. Contact Sergio Coronado Law today to learn more about what we can do to help.