Divorce
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The decision to seek a divorce can be difficult. The divorce process can be an emotionally charged and stressful endeavor which requires the advice of a confident and experienced attorney who can offer a realistic assessment of your case.
We will work with you to evaluate your situation and to determine an efficient, effective path to the best resolution. We will help you with every aspect in your divorce including issues involving your children, the valuation and characterization of your community assets, and the protection of your separate estate.
You are not alone in the divorce process. We are here to provide effective counsel, wisdom and understanding through this difficult time in your life.
How Do We File Your Divorce?
Our first step is to file your Petition for Divorce with the district clerk in the county where you or your spouse have lived for more than 90 days. Once the petition is filed, your spouse will be served with divorce papers and will have twenty days to respond.
We will work with you to evaluate your situation and to determine an efficient, effective path to the best resolution. We will help you with every aspect in your divorce including issues involving your children, the valuation and characterization of your community assets, and the protection of your separate estate.
You are not alone in the divorce process. We are here to provide effective counsel, wisdom and understanding through this difficult time in your life.
How Do We File Your Divorce?
Our first step is to file your Petition for Divorce with the district clerk in the county where you or your spouse have lived for more than 90 days. Once the petition is filed, your spouse will be served with divorce papers and will have twenty days to respond.
Common Questions
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What is the divorce process in Texas?
Divorce can be a complicated process, especially if there are minor children involved or if the parties cannot agree on major issues like child custody, support, and property division. In Texas, divorce proceedings begin with the filing of a divorce petition by one spouse and end with a final divorce decree. In contested cases, there are many other steps in between. Below is an overview of the Texas divorce process in contested cases:
What is the difference between a contested and uncontested divorce in Texas?
An uncontested divorce is one in which the parties have no disagreements about the logistics of their divorce, including child custody, child support, property division, and so on. In these cases, the divorce process is amicable, quicker, and less expensive.
A contested divorce is one in which the parties cannot agree on one or more aspects of their divorce, such as child custody, child support, property division, etc. These cases can be much more complicated and often require the help of a mediator and may even need to go to trial. Contested cases are usually much more expensive and time-consuming.
Do I need a divorce if I am common law married in Texas?
Yes, you must get a legal divorce if you want to end a common-law marriage in Texas when property, children and assets are involved. A family court must divide marital property and decide child custody, visitation, and support, as well as other divorce-related issues. In some cases, the parties in a common-law marriage simply go their separate ways without any involvement from the court. They just proceed as if common law marriage never existed. This is fine as a practical matter, but problems often arise down the road.
Can I get a legal separation in Texas?
No, there is no such thing as a legal separation in Texas. You are either married or you are divorced. However, you may be able to agree on temporary orders with your spouse which will govern things like child custody, support, and the use of joint property during the divorce process. These orders will become null and void once the divorce is finalized.
What is community property in Texas?
In Texas, all property acquired during the marriage is considered to be community property, regardless of which spouse actually purchased the property or whose name is on the title. This can include houses, home furnishings, cash, stocks, bonds, etc. Community property is to be divided fairly and equitably between the spouses in a divorce. However, there are some exceptions to this rule, including gifts and inherited property. Gifts and inheritance would be considered separate property and would not be subject to division in a divorce.
When is a divorce final in Texas?
A divorce is final in Texas when the divorce decree is signed by a judge and filed with the county clerk's office. Once the divorce decree is final, it is considered a public record.
If you need legal assistance with your divorce or another family law issues, please contact us. Allison Family Law, PLLC is here to help you through every step of the process. Call 409-835-8330 to schedule your consultation today.
Divorce can be a complicated process, especially if there are minor children involved or if the parties cannot agree on major issues like child custody, support, and property division. In Texas, divorce proceedings begin with the filing of a divorce petition by one spouse and end with a final divorce decree. In contested cases, there are many other steps in between. Below is an overview of the Texas divorce process in contested cases:
- Filing the Divorce Petition
- Providing Your Spouse with Notice
- Respondent's Answer and Counter-petition
- Temporary Orders
- Discovery
- Negotiations/Mediation
- Trial
- Divorce Decree
What is the difference between a contested and uncontested divorce in Texas?
An uncontested divorce is one in which the parties have no disagreements about the logistics of their divorce, including child custody, child support, property division, and so on. In these cases, the divorce process is amicable, quicker, and less expensive.
A contested divorce is one in which the parties cannot agree on one or more aspects of their divorce, such as child custody, child support, property division, etc. These cases can be much more complicated and often require the help of a mediator and may even need to go to trial. Contested cases are usually much more expensive and time-consuming.
Do I need a divorce if I am common law married in Texas?
Yes, you must get a legal divorce if you want to end a common-law marriage in Texas when property, children and assets are involved. A family court must divide marital property and decide child custody, visitation, and support, as well as other divorce-related issues. In some cases, the parties in a common-law marriage simply go their separate ways without any involvement from the court. They just proceed as if common law marriage never existed. This is fine as a practical matter, but problems often arise down the road.
Can I get a legal separation in Texas?
No, there is no such thing as a legal separation in Texas. You are either married or you are divorced. However, you may be able to agree on temporary orders with your spouse which will govern things like child custody, support, and the use of joint property during the divorce process. These orders will become null and void once the divorce is finalized.
What is community property in Texas?
In Texas, all property acquired during the marriage is considered to be community property, regardless of which spouse actually purchased the property or whose name is on the title. This can include houses, home furnishings, cash, stocks, bonds, etc. Community property is to be divided fairly and equitably between the spouses in a divorce. However, there are some exceptions to this rule, including gifts and inherited property. Gifts and inheritance would be considered separate property and would not be subject to division in a divorce.
When is a divorce final in Texas?
A divorce is final in Texas when the divorce decree is signed by a judge and filed with the county clerk's office. Once the divorce decree is final, it is considered a public record.