Do You Have Questions About Getting A Texas Divorce? Here Are Answers To Common Questions
Divorce and the many financial and emotional issues surrounding it can be confusing. To clear up some of this confusion, I offer answers to my most frequently asked .
Question #1
Is there a waiting period between when a divorce is filed and when it is final?
This is one of my most frequent questions about getting a Texas divorce. Most jurisdictions have a waiting period. This serves either as a cooling off period or as a time to adjust your affairs to single life. In Texas, you must wait 60 days from the time you file until your divorce is final, even if the divorce is uncontested.
Question #2
Since Texas is a community property state, can you expect a “50-50 split of assets in a divorce?
Not necessarily. Property in a divorce is divided in a manner that the judge deems “just and right” and he or she may look at projected future earnings of the parties, who’s at fault for the divorce and other criteria in making a disproportionate division.
Question #3
Are divorce actions matters for a judge, or can you have a jury hear the case?
Either party in a Texas divorce can ask for and receive a jury trial, a unique feature of Texas law. But as a practical matter, judges hear most divorce-related matters and jury decisions that are binding on the court are limited. Juries are more common in child custody cases.
Question #4
What are my chances of gaining custody of my children?
That depends on the facts of your case. Joint custody is preferred in this state. If both parents were involved with the children during the marriage, joint parenting will be the presumption going into the case. There are many misconceptions about joint custody and it is important to understand them before making a decision.
Question #5
Does joint custody mean each parent having equal time with the children?
Not always. Joint custody means the sharing of parental rights and duties and not necessarily equal time.
Question #6
Will I have to pay child support?
The spouse who does not have primary custody of the children will, in most cases, pay child support to the primary custodial parent after a divorce based on guidelines in the Texas Family Code, according to income.
Question #7
If my spouse wants a divorce and I don’t, how can I stop it?
Once a divorce is filed in Texas and one party wants to go through with it, you can’t stop it from happening in the court system. Your only hope is to convince your spouse to consider reconciliation.
Question #8
Can a prenuptial agreement avoid messiness at the end of a marriage?
“Prenups” have become a very popular way to avoid the struggle over assets when a marriage ends. These agreements have historically been used to deal with assets that are not divisible, such as an interest in a family owned business or a large tract of real estate. Now people with relatively modest holdings use prenuptial agreements to make a split less messy.
Thinking about getting a divorce in Texas? If you are, I am sure you have questions about getting a Texas divorce. If you have questions, concerns or you need more information, call us. No charge for the initial consultation!
