Getting Your Divorce Over the Finish Line
Sometimes, each spouse is in complete agreement with the other spouse about divorce and everything that goes along with it. That includes property division, debt division, child support, conservatorship (child custody), and spousal maintenance (alimony). Many divorces are not like that.
If you and your spouse disagree on anything related to your split, you are involved in a contested divorce. This triggers formal discovery, which means each spouse can engage in fact-finding during the divorce. Spouses can often use this to their advantage.
Before Filing For Divorce
To file for a divorce in Texas, one of the spouses has to be a Texas resident, meaning they have to have lived in the state for a continuous six-month period. Additionally, one of the spouses must be a resident of the county in which they file for divorce.
Like many other states, Texas is a “no-fault” divorce state. In no-fault divorce states, either spouse can file for divorce without having to prove the other spouse was at fault. One of the spouses simply has to declare “insupportability” on their divorce petition, meaning there is interpersonal discord or personality clashes that the marriage cannot withstand.
Fault will only be taken into consideration during asset and property division, where the non-offending spouse may receive a larger portion of the community property.
The statutory grounds for fault divorces are adultery, long-term incarceration for over a year, cruel treatment that makes living together unreasonable, knowing and willing abandonment for at least one year, confinement to a mental institution for at least three years, or living apart for at least three years.
The Divorce Procedure in Texas
One spouse (the petitioner) files an Original Petition for Divorce and has these papers personally delivered to the other spouse (the respondent). The petitioner can request a temporary restraining order when they initially file for divorce. This order can request that the spouses treat each other civilly, do not harass or threaten each other, and that none of the couple’s assets disappear before a judge can divide them in court.
If the request is granted, a hearing is usually scheduled within two weeks. If it is not granted, the respondent has approximately 20 days to file a response legally known as an answer. Other temporary court orders can be issued during a Texas divorce proceeding, such as temporary child support, child custody, or spousal maintenance orders.
Spouses who need more information from each other regarding court orders or property division will then go through a discovery process, where they exchange pertinent information and other documents. This can be useful if you suspect your spouse of hiding assets.
Note: In most contested divorce cases, the judge will order the couple to attend mediation. If spouses are not able to reach an agreement in mediation, they may continue with the formal legal process.
If all attempts at settlement fail, you and your spouse will go before a judge and argue your case on the unresolved issues. You and your attorney may include testimony and evidence to bolster your side. Soon after the hearing, the judge will render his or her judgment.
Call a Caring and Proficient Family Law Firm
Divorce can be an emotionally taxing and overwhelming process that can leave you mentally and financially drained. For these reasons, you need a bold, yet approachable family law attorney and legal team who will both passionately advocate for what’s yours in court and serve as an empathetic guide throughout the entire process.
Attorney Tycha Kimbrough is a fierce courtroom ally whose intricate understanding of Texas family law has been helping her restore peace to her clients’ lives. If you’re in need of legal advice, contact Tycha Kimbrough at Kimbrough Legal, PLLC today.
