Divorce Law in Texas
How to Find a Texas Divorce Attorney
Texas native, Willie Nelson, knows a little something about divorce. In fact, he’s been married four times. In 1974, he released an album called “Phases and Stages” based upon his divorce experiences.
I got along without you before I met you and I’ll get along without you a long time after you’re gone.
– Willie Nelson
If you are doing an Internet search for Texas divorce lawyers (or listening to Willie Nelson music), you may be unsure of how move on with your life and your divorce. If so, this article is for you.
Below we’ll nutshell:
- Texas divorce law requirements;
- What you need to know about divorce; and
- Whether it’s in your best interest to hire a Texas divorce lawyer; and, if so,
- How to find one and how to prepare to work with him or her.
Texas Divorce Law Requirements
- To file for divorce in Texas, either you or your spouse must have resided in Texas for at least 6 months prior to the divorce filing.
- In addition, to file within a specific Texas county, either you or your spouse must have resided in that county for at least 90 days prior to the divorce filing.
- Unless you have a prenuptial agreement or otherwise agree in a marital agreement, all marital property will be divided 50/50, as Texas is a community property state.
- You must state 1 of these 7 grounds for divorce in Texas:
- No-fault
- Adultery
- Abandonment
- Living Apart
- Cruelty
- Felony Conviction
- Confinement in a Mental Hospital
- In Texas, child support is determined by using the Percentage of Income Formula.
What You Need to Know About Divorce
In this section, we’ll highlight the aspects of divorce that will help you get through your divorce with the least amount of emotional and financial scars possible.
- It’s likely in your best interests to work with a therapist to deal with the anger, frustration, disappointment, and loss associated with divorce.
- Go into divorce negotiations, knowing that you will get some of what you want, but not all of what you want. Compromise is mandatory by both spouses.
- You and your spouse can stay in control and save thousands of dollars if you’re able to work together to reach a marital agreement; if you go to court, you lose control and costs, anger, and stress will skyrocket.
- A divorce attorney, who will work collaboratively, will get you more of what you want, protect your family, and save you money better than a “shark” attorney.
Is it in Your Best Interests to Work with a Texas Divorce Lawyer?
Legally, you could go it alone during your divorce; but, for most folks, the do-it-yourself route is not the best path. After all, your financial future and children’s wellbeing are at stake.
- Do you realize that if you give up marital rights during your divorce, you can’t assert them in the future?
- Do you realize that even attorneys hire divorce attorneys when they get divorced?
Because of the seriousness of making mistakes, hiring a divorce lawyer may actually cost you less in the long run.
How to Find and Select a Texas Divorce Attorney
Ask friends, co-workers, or family members for a referral and Google “How to Find a Texas Divorce Attorney”.
Select a divorce lawyer who has divorce law expertise and with whom you feel comfortable. It’s okay to contact a few offices to ask questions and then make your selection based upon your comfort level.
How to Prepare to Work with Your Texas Divorce Attorney
The more effectively you work with your attorney, the better job he or she can do for you. Here are some hints to get you started along the right path.
- Exhaust all reconciliation attempts.
- Consult with a therapist.
- Gather financial documents and produce all requested information in a timely manner (whether requested by your lawyer or your spouse’s lawyer).
- Make a wish list of everything you would like in the divorce, marking those items that are ultra important to you.
- Make a list of questions for your divorce lawyer each week or so.
Consider these words from the Dixie Chicks, Texas natives, who have known the pain of divorce and the joy of a new future after divorce.
I hope, for more love, more joy and laughter
I hope, you’ll have more than we’ll ever need
I hope, you’ll have more happy ever after
I hope, you can all live more fearlessly
And you can lose all the pain and misery
I hope, I hope