Divorce is complicated. Ending a marriage is one of life’s most stressful situations, and when done improperly, it becomes even worse. Deciding on custody of shared children, dividing property and assets, and determining financial arrangements such as alimony and child support are difficult to do no matter what, and the stakes are too high to make mistakes.
If you face these issues in a divorce, you need an experienced and empathetic lawyer on your side. Jason Wright and his dedicated staff at the Law Offices of Jason Wright specializes in helping Texas divorcees navigate the issues that come with a divorce and the legal landscape.
No one goes into a marriage planning to divorce, but this is an eventual reality for many married couples. Marriage creates a legal entity that establishes a formally recognized union of two people as partners in a personal relationship. The only way to properly dissolve this legal relationship is through a divorce.
In Texas, you can get divorced on both “fault” and “no-fault” grounds. In a fault divorce, one spouse has to show that their ex’s actions caused the marriage to fail. Under Texas law, you can seek a fault-based divorce for cruelty, adultery, felony conviction, abandonment, or if your partner has been confined to a mental hospital for at least 3 years. For example, if you can prove that your spouse has been cheating on you, you might seek a fault divorce.
Texas allows for no-fault divorces, meaning that neither spouse needs to cite evidence to prove that the other spouse is at fault for causing the divorce. This statute is typically used when a marriage cannot be supported because of “discord or conflict of personalities that destroys the legitimate ends of the marital relationship and prevents any reasonable expectation of reconciliation,” or, in other words, insupportability.
Divorcing couples do not need to cite adultery, abuse or another reason for a split and can say that they can no longer get along. In some cases, one spouse will allege fault for the divorce, which may affect the distribution of property or custody of minor children.
While a fault-based divorce can impact certain aspects of your divorce, this type of divorce is often far more contentious and expensive. It may also take longer to get divorced, as fault-based divorces often go to trial. An Austin divorce attorney can help you understand the pros and cons of seeking a fault divorce over a no-fault divorce.
There are mandatory waiting periods and residence requirements for divorces in Texas. To get divorced in Texas, at least one spouse must have lived in Texas for at least six months before filing. In addition, that spouse must also have been a resident of the county where the suit is filed for 90 days before filing.
These residency requirements are important because they prevent one party from abusing the legal system. They might try to move to a different county to have the case heard by a more favorable judge or even to make it more difficult for their soon-to-be-ex to litigate the case. Having a residency requirement can reduce or eliminate the possibility of this happening.
When thinking about filing for divorce in Texas, you are generally two types: contested or uncontested (agreed). With an uncontested or agreed divorce, the spouses agree on all of the issues in their divorce, such as child custody, alimony/spousal support, and the division of property and debts. With a contested divorce, the parties can’t agree on one or more of these issues. Fault-based divorces are generally contested.
An “agreed divorce” is usually faster and less expensive to complete because the parties have input in the terms of the divorce.
With a contested divorce, one spouse files the paperwork for divorce. The other spouse may then file an answer (response) to the divorce paperwork or they may even file a Counter-Petition for Divorce where they list what they are seeking in a divorce.
With both contested and uncontested divorces, it is a good idea to work with a lawyer. Even if you can agree on the major issues in your divorce, divorce is still a legal matter that can impact your life in a variety of ways. For example, the way that you divide assets and liabilities can impact your taxes – which is something that you may not be aware of without the help of an experienced Austin divorce attorney.
The best way to prevent mistakes, avoid overcomplicating issues, and ensure that you are not taken advantage of in any divorce is to find a family lawyer who will represent your best interests and rights.
Other, less expensive options such as a do-it-yourself divorce or both spouses sharing an attorney come with dangerous pitfalls. It might be tempting to use these services, but it is easy to overlook minor details in a divorce that cause major headaches down the road. Sometimes, saving money upfront can create expensive problems and heartache later. With so much on the line, you need experienced legal representation to fight for you.
The Law Office of Jason Wright handles a wide variety of divorce cases for clients, some of which are extremely complicated. The specialized knowledge of a dedicated divorce lawyer is priceless when it comes to:
Texas is a “community property” state. Texas requires just and right division of community property in a divorce, not necessarily a 50/50 split between spouses. Community property is anything earned or acquired during the marriage. Separate property, such as assets from before the marriage or an inheritance or gift received by one spouse during the marriage, is not split in a divorce.
Texas courts presume that any property that a couple owns during their marriage is community property. During a divorce, you will be required to provide proof of separate ownership for an asset to be treated as separate property. For example, if a family member leaves an expensive piece of jewelry to you in their will, if you can provide direct evidence of this, it would be considered separate property and not subject to property division.
Property division is one of the most contentious issues in a divorce and might be affected by things like:
A common scenario is when one spouse stayed home to raise the children and care for the household while the other worked outside the home. Because it is difficult to reenter the workforce after being out for an extended time, especially when education and training have lapsed, the spouse that stayed home might receive a larger share of community property and continuing financial support to maintain some level of lifestyle or provide an opportunity to develop skills to reenter the workforce.
Property distribution laws are complex. If you are concerned about protecting yourself during a divorce, we can help. An Austin divorce lawyer with knowledge of them and experience fighting for fair settlements in and out of court for clients is priceless.
Easily the most emotional aspect of splitting with a spouse is having to share custody of children. The courts in Texas favor giving both parents access to their children but consider the children’s best interests above anything else.
Unlike some states, Texas does not use the terms legal and physical custody. The word custody is simply a wat if referring to what Texas labels “possession.” Possession refers to the actual day and times that a parent shall have the right to possess (or have physical care over) their child. The term “visitation” is also not used. Parents do not “visit” their children; they are given time to possess and parent their children.
Conservatorship refers to the decision-making power of the parents. In Texas, it is presumed that both parents be named Joint Managing Conservators and that they can make decisions for their children by agreement with each other.
The court will err on the side of equality whenever possible, practicality, and in the children’s best interests when deciding on child custody. Of course, each case is different. A court may award one parent more physical custody/possession of their children while granting Joint Managing Conservatorship.
For many divorcing parents, the single most important aspect of their divorce is their ability to see and spend time with their kids. This can often lead to incredibly contentious child custody cases. Working with a skilled Austin divorce attorney can help you understand Texas law on child custody along with likely outcomes based on your situation. They can then advocate for both you and your children’s best interests.
In Texas, spousal maintenance or alimony is rarely awarded. It may be awarded if one spouse does not have enough property to provide for their minimum reasonable needs and one of the following is true:
If one spouse is eligible for spousal maintenance, then the court will evaluate their situation to decide on the amount, duration, and method of support. If you believe that you may be entitled to alimony – or if your ex has requested support – then you should consult with an Austin divorce attorney as soon as possible to discuss your options.
Couples with a high net worth make special considerations when they decide to divorce. Assets and property must be cataloged and valued accurately so they can be split between the spouses fairly. Special appraisers and finance experts may need to be called in to help accomplish this in complex divorce cases.
It can become difficult to determine what is community property and what is separate property. Pre and postnuptial agreements, trusts, real estate, investment properties and retirement accounts can all be involved with complex cases and can make the process much more complicated. A divorce attorney with experience helping high net worth couples is a must to protect your rights and ensure a fair settlement.
Some people’s financial circumstances warrant the practical need for a pre or postnuptial agreement to protect money and assets. One of the most common reasons for this is when wealth has been passed down through a family from generation to generation, but other situations can create this need. Pre and postnuptial agreements can include anything in Texas, including:
In addition to following the terms of pre and postnuptial agreements during a divorce, the Law Office of Jason Wright can handle the creation of these legal documents before or during a marriage. We have successfully helped couples develop legally sound and safe plans while also making them feel comfortable with the process and not like they are planning for their ultimate divorce.
In 2015, the United States Supreme Court ruling of Obergefell v. Hodges granted same-sex couples the same rights to marry —and divorce– as heterosexual couples. Same-sex couples still face challenges that heterosexual couples do not, especially when they share children.
A law firm that is sensitive to these issues and familiar with the intricacies of LGBT divorce and child custody concerns is an absolute must for a same-sex couple that has decided to end their marriage.
When a divorce becomes a reality, it is easy to become overwhelmed with the emotions involved and the amount of information available about divorce. You might be inundated with horror stories and advice from well-meaning people, and it is hard to know what is best for you. When you hire an Austin divorce lawyer to represent you, they will help you figure out just that.
An attorney will be able to explain the laws and your rights under them. They will ensure that the details of the legal are followed to avoid costly mistakes. Perhaps most importantly, they are there to protect your best interests and help navigate you and your family through a stressful and challenging situation.
If you are going through a divorce without the help of an attorney, are thinking about getting a divorce but have questions before making your decision or are planning to get divorced and are unsure of where to start, contact the caring and responsive team at the Law Offices of Jason Wright. We are ready to help you resolve your divorce efficiently, fairly and with your best interests at heart.
Contact the Law Offices of Jason Wright for a consultation by calling 512-884-1221 or submit the form below. We are committed to zealously working to find the solution that is best for you and your family.
“Jason is very professional and friendly. He patiently explained everything as many times as I needed and made the law easier to understand. Gave great advice and listened to all of my suggestions walking me through if they would work or not.”
Jami L
To get in touch with us, give us a call at 512-884-1221 or submit the form below. We are committed to zealously working to find the solution that is best for you and your family.
