Texas is a "no-fault divorce" state, which means that a couple needs no more reason to file for divorce than "insupportability." This is defined in Texas Family Code § 6.001 as "discord or conflict of personalities that destroys the legitimate ends of the marital relationship and prevents any reasonable expectation of reconciliation." There are other grounds for divorce in Texas, as well, including cruelty, adultery, conviction of a felony, abandonment, living apart, and confinement in a mental hospital. These are found in §§ 6.002-6.007.
If you and your spouse have attempted to repair your damaged relationship but have failed to succeed, divorce may be the best choice. This is also true for cases involving abuse or physical danger. Whatever your situation may be, consult with an attorney at our Burleson law firm today. We proudly serve Johnson County and beyond. The process is complicated and will require experienced legal guidance from a qualified lawyer.
Before you begin the process, there are undoubtedly questions you have that need answering. Some of the most commonly asked questions spouses ask before entering a divorce include:
Texas has seven grounds for divorce if you are seeking a fault-based divorce. These include: living apart, cruelty, adultery, having a felony criminal conviction, abandonment, insupportability, or confinement to a mental hospital, to the point where the spouse can no longer fulfill the duties of required in a marriage.
Shared property and larger items that you can't prove fully belong to you should not be taken with you before a divorce is finalized. Anything that is not yours and is not granted to you by the court will have to be returned, so it is usually best to only take items that are certainly yours, such as clothing and small furnishings.
If you and your spouse can't agree upon who should have custodial rights to your children, the court will need to make that decision for you. Typically, whoever has the greater personal income can expect to pay child support to the other, but other factors considered include health care needs for the child, special education needs, and more.
If you and your spouse both agree to a divorce and have no arguments over the main subjects of division – such as child support, property ownership, alimony, etc. – the divorce is uncontested and will likely conclude smoothly. If any aspects aren't agreed upon, the divorce is contested and will go to court for settlement. You should retain a divorce attorney in such a situation.
Should you and your spouse reconcile but have already filed for divorce, it is not too late to cancel it. You can request a dismissal form from the county clerk to undo it.
Without legal representation in a divorce case, it is very difficult to obtain fair property distribution or court orders. Only a Burleson divorce lawyer will have the knowledge and experience to argue your case effectively and obtain a fair settlement on your behalf. Coontz Cochran has handled numerous divorce and family law cases and could advise and support you through each step of the process. Our legal team will personalize your representation to match your case and give you the highest chance of success.