Divorce is a huge, life-changing decision. If you are contemplating divorce, the first piece of advice would be to reconsider the decision. If there is anything that can save your marriage, consider that. When nothing seems to work, consider meeting a divorce lawyer in Houston to discuss the process. Texas allows for both no-fault and fault-based divorces. An uncontested divorce is an easiest and quickest way to end a marriage, but every couple’s situation and circumstances are unique. In this post, we are sharing some of the key aspects worth knowing.
The process
The first step of initiating the divorce is to file the petition, and either of the spouses can do that. Your spouse doesn’t need to agree to the divorce for you to initiate the proceedings. If necessary, your lawyer can help you get temporary orders related to child support and custody. If your spouse has threatened you, or when you have safety concerns, you can talk to your lawyer about protective orders. The next step is to discover evidence (more important for fault-based divorces), following which settlement negotiations can be done. If there is no settlement, a trial would be necessary.
The time required
Like other states, there is a cooling-off period in Texas too. Even when you and your spouse agree to finalize the divorce, the process will take at least 60 days, which is the minimum period you have to wait to get divorced in Texas.
Division of property and assets
Texas is a community property state. This means that most assets and debts acquired during the marriage would be considered community property and must be divided equitably. Equitable distribution does not always mean equal. In some cases, the court may consider factors like earning abilities of both spouses, if there was marital misconduct and other aspects.
Do you need a divorce lawyer?
The short answer is yes. Many known and reliable attorneys in Houston specialize in family law and divorce matters. Working with a divorce lawyer can increase your chances of getting a fair outcome. A divorce is much more than just ending your marriage. It will eventually impact your financial and social status, and it is wise to consult an attorney for your rights and interests. They can guide you on the key aspects of the divorce and how you can minimize tussle with your spouse.
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Get an attorney as soon as you decide on the divorce.