- 5 Must-Know Facts About Divorce in Texas — Texas Legal
- 5 Must-Know Facts About Divorce in Texas
- Facts About Divorce in Texas (How Long Will It Take to Get Divorced?)
- Top 50 Questions On Texas Divorce & Family Law | The Wright Firm, L.L.P.!
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Divorce Mediation in Texas:. Mediation is an option that many divorcing couples choose when working out the specific terms of their settlement agreement. In Texas the court can refer a case to mediation and the mediation agreement may be legally binding. An annulment is when a court declares your marriage legally invalid. In other words, rather than ending a marriage via divorce, an annulment is a declaration that the marriage was never valid to begin with. A marriage can be annulled if, at the time of the marriage, one party was underage, if the person asking for the annulment was under the influence of alcohol or narcotics, if one party concealed a divorce within the last 30 days , if the marriage took place less than 72 hours after the license was issued, or due to permanent impotency; fraud, duress, or force; mental incapacity, consanguinity too closely related ; or bigamy.
To seek an annulment from the District Court, you will need to file a petition for annulment. Subsequent blogs will cover frequently asked questions regarding divorce , child custody , child support , property division , and alimony.
5 Must-Know Facts About Divorce in Texas — Texas Legal
There is a mandatory day waiting period in Texas from the time the divorce is filed until you are eligible to appear in court to finalize your divorce. Texas does not have legal separation. You are married until the court grants your divorce and there is no legal status between the two.
Many other states offer legal separation or even require a legal separation before a divorce, but that is not the case in Texas. If you need to protect your interest regarding property or children while being separated from your spouse, you will need to file for either a divorce or a suit affecting the parent-child relationship and obtain temporary orders. No longer living together does not have much effect on your Marital Status. Texas does not recognize either:.
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Spouses who are separated but not legally divorced continue to be treated as married during separation from each other. This means if you have a girlfriend or boyfriend while married, it is still cheating.
5 Must-Know Facts About Divorce in Texas
This also means until you are divorced, all property continues to be presumed to be community property. As I indicated above, Texas is a community property state. In Texas, we do not have "legal separation. This means just because you buy real or personal property without your spouse, it does not mean property you buy will be your separate property after the divorce.
One of the things I tell my clients is that community property is anything you acquire from the day you are married until the day you are divorced. There are a few exceptions to that rule which you can read about in one of our other blog articles. An example I give regarding the dangers of buying a house during a separation comes from a consult we gave to a lady prior to Hurricane Harvey.
The reason she came in for a consult had nothing to do with her concern for her house because in her mind it was her separate property. The reason was that she had met someone new and wanted to marry that person.
Facts About Divorce in Texas (How Long Will It Take to Get Divorced?)
However, it is really difficult to marry someone new when you are already married. When she learned about the community property rule, it upset her. She asked me what she could have done to prevent her situation. The sad thing though is unless her soon-to-be ex-husband was either a nice guy who did not want anything from her or he too had acquired a lot of property during their separation, whatever money she saved by not getting a divorce then was going to cost her 10 or 20 times as much now.
For example, a man who files for divorce and starts dating a woman four months after he moves out is still technically committing adultery in the eyes ofthe court. Commonly, the most important factor in making this decision is the income history and income potential of the spouses. For example, a plastic surgeon may make 30 times more than her gardener husband, and, as a result, the husband may get more of the community property.
Adultery or other reasons why the couple is getting a divorce may be considered by the judge in deciding how to divide property. But, for most divorce judges, adultery simply does not play a very prominent role. Of course, every client needs to ask an experienced divorce attorney about the particular tendencies of the judge assigned to his or her case.
In addition, proof or even strong circumstantial evidence of adultery can often provide strong leverage for a good settlement because the spouse who has cheated may not want the affair to be publicly exposed. A spouse who has been cheated on still feels terrible even if the adultery does not matter that much to the judge.
The goal in every case is to settle the case quickly and fairly. However, this may not be possible if one of the spouses is really upset and not prepared to act nicely or think rationally.
The victim of adultery can usually benefit greatly from professional counseling. Anger and bitterness will ultimately hurt the victim whose trust has been betrayed. Both people involved in a marriage scarred by adultery have to look inside themselves, ask why it happened and eventually consider forgiveness or at least figure out how to move on emotionally.
It is important to keep these adult issues away from the children.