Divorce
If you have been domiciled of Texas for the past 6 months and resided in the county for the past 90 days, you may file for divorce in the county where you reside. There are numerous factors that determine the outcome of a divorce. We divided the “types” of divorces here as a way to categorize and discuss each.
Uncontested Divorce
An uncontested divorce is as the name suggests, is a divorce which you and your spouse have mutually agreed to divorce and have agreed how to split all the assets, debts, and the custody of the children. Uncontested divorces proceed fairly fast. Our firm can file the divorce petition and 60 days later, ask the court to grant the divorce. Our firm has flat fee rates for uncontested divorces.
Often times divorces are not uncontested or start out uncontested only to end up contested.
Contested Divorce
A contested divorce is one where you and your spouse are unable to agree one one or more aspects related to the division of your marital estate, debts, or the custody of your children. This type of divorce often requires at least two court appearances and often times more.
Marital Assets
Texas is a community property state. Property acquired during the marriage is presumed to be community property and is, generally, subject to “just and right” division. If the property is separate property, the item is not subject to “just and right” division. However, in certain circumstances, one spouse might be able to make a claim for economic contribution related to the separate property.
The division of property in a divorce can be contentious. The classification of property becomes crucial.
It is not uncommon for one spouse to come into the marriage with property. For example, one spouse may have owned a house prior to marrying. This sometimes creates a question when you and your spouse spend community assets on the separate property. Generally speaking, if community assets were used to pay for the separate property of one spouse the other spouse may be able to seek a claim for economic contribution. This often occurs when one spouse comes into the marriage with a home and the couple use their income to pay the mortgage on the home.
Agreed Division — Marital Settlement Agreement
Texas law sets up the default rules. Essentially, the rules of how the marital state will be divided if you and your spouse can not come to an agreement. If you and your spouse come to an agreement, then the default rules do not apply. In a Marital Settlement Agreement you and your spouse set out the terms on how your property will be divided. That agreement is then incorporated into the final divorce decree and becomes part of the judges order.
Other Issues
