TEXAS DIVORCE FAQS
Denton & Cooke County Divorce Attorneys
What is a legal divorce?
Divorce is when a marriage contract is terminated between two individuals through a legal method. Now in the eyes of the law, divorce will grant each party the legal ability to marry another individual, to either split or share marital debts and assets, and to From a legal standpoint, divorce will give each party the legal right to marry someone else, to divide and share marital assets and debts, and to determine outlines of the care and custody of their children. In Texas, divorces are concluded to be either fault-based or no fault.
What is a no fault divorce?
For a long time, divorce was approved only when there was the presence of marital misconduct, such as physical abuse or adultery. In these situations, the “guilty” spouse was penalized by getting a reduced share of the couple’s assets, or was denied custody of their children. The “innocent” spouse was then rewarded for being faithful to their marriage vows. In a no fault divorce, however, both individuals agree that there is no “fault” involved in the grounds for divorce. In the state of Texas, married couples are able to get no fault divorces if the marriage has become “insupportable” due to conflict, which has destroyed and caused the legitimate end of the relationship. These types of divorces may also be granted if the married couple has been living apart without any type of cohabitation for at least three years.
Statistically speaking, 80% of divorced men and 75% of divorced women remarry within three years, whether or not they have children.
Whether your Texas divorce is contentious and emotional, or more like the official culmination of a lacking partnership, an experienced Texas divorce lawyer at Hill & Hill can assist you through the divorce process. For more than 15 years, Denton, Texas family law attorneys at Hill & Hill have employed their knowledge and skill to handle all types of divorce proceedings.
Texas Divorce – An Overview
Making decisions about you marriage and choosing whether or not you should divorce is always difficult. Involving an experienced Texas family law attorney as soon as possible once your decision is made is one of the best ways to preserve your own long-term financial and emotional health.
How is property divided in Texas?
If you are in a situation where you and your estranged spouse have little or no marital property, no matters related to spousal maintenance, and no children, you may be able to obtain a quick and easy divorce by creating a divorce agreement and having it approved by a judge. For many and most, divorcing couples face something that is quite different and more complex. Typically, most divorces in Texas involve a several year union, large marital property including personal property and real estate, businesses, large or concealed debts, children, trust funds, real estate in other states, joint and separate accounts, investments, insurance, pensions, and other assets. In these very complex circumstances, parties cannot amicably divide up their property by themselves, therefor requiring the involvement of the court for ultimate division.
What questions should I ask during a divorce?
Deciding whether or not you should end your marriage is one of the most important and difficult decisions you will ever have to make. It is key to approach the question from a logical perspective rather than solely relying on your emotions. In many aspects, it is a business decision that needs you to assess many issues. Once you go over this list of important questions, you may decide against the direction you were headed, or you will be more prepared to move on while working with your attorney.
How do I move on after a divorce?
Recovering from a divorce is very much like the grieving process one goes through when a loved one passes away. There are five stages in the process: shock and denial, anger, ambivalence, depression, and recovery. Many people think they will work through these stages in order, but that isn’t usually how it happens. You can expect to move in and out of each phase over time and sometimes experience more than one at the same time. It is a tough process and can be very time consuming. May family counselors agree that it can take as long as two years to fully recover.
What is an amicable divorce?
A divorce is one of the most emotional experiences an individual will ever go through. The decision to terminate a marriage is never an easy one, and can be accompanied with anger, fear, and resentment. The negativity that goes along with a divorce can be responsible for much more than hurt feelings, but can also affect the outcome of your divorce settlement negotiations. It’s also important to keep in mind that if children are involved, they will likely suffer as a result. Your best interest is to approach divorce as amicably as possible. This will let you approach it from a business perspective, which is critical for a successful settlement. It will also let you wear your effective parent hat, which is important for guiding your children through this difficult process.
For more information for how the experienced divorce lawyers from Hill & Hill Attorneys can help you through your divorce, call us today at 940-381-3688.
Texas Divorce Resource Links
Texas Attorney General’s Child Support Interactive Web Page
American Bar Association – Divorce
Tables and summaries of the law in the 50 states
Texas Divorce Law