The amount of time it takes to complete a divorce in Texas will vary depending on a number of factors. However, there is a 60-day waiting period for a divorce in Texas, from the time divorce papers are filed to when the divorce can be finalized in court. No two divorces are the same. Issues such as child custody, spousal support, or the division of property or debts can complicate the divorce process. If you are facing divorce, it is important to devote the time necessary to address all of the important legal issues. Having an experienced divorce lawyer to guide you through the process can prove invaluable during this time of transition.
Texas is a community property state. This means that when it comes time to divide property or debts in a divorce, most property (with a few exceptions) acquired during the marriage is considered community property and is subject to division. Separate property, or property acquired before marriage or property designated to one spouse during the marriage, remains with the owner following divorce. Once community and separate property is identified, the community property will be divided equitably.
When a divorcing couple has children, it is necessary to determine where the child will live and how his or her time is spent. In Texas, numerous factors are considered with determining child custody:
Most importantly, the best interests of the child involved are always kept in mind when making this important determination.
Spousal support (or spousal maintenance) is not automatic in a divorce. Rather, the court considers a number of factors to determine if spousal support will be awarded, and if so, how much and for how long. Some of these factors include the length of the marriage, the earning capacity of each spouse, the educational history of each spouse, contributions in homemaking or child raising by a spouse who did not work during the marriage, and more.
When life circumstances change significantly, it may be necessary to modify the terms of a child custody, child support or spousal support agreement. Through a post-divorce modification, it may be possible to change the terms of a divorce agreement so that it accurately represents your current needs and life circumstances. Talk to a lawyer from our firm to learn about your specific legal options.
Working with an attorney during the divorce process is highly advisable. The divorce process can become very complicated. A divorce attorney has specialized experience and training in handling the complicating issues that may arise: disputes over child custody, the division of property, child support and more. Working with a lawyer throughout your divorce can help ensure that your individual rights and interests are protected.
The Law Office of Phillip W. Morris offers a free consultation to discuss specific questions you may have about the divorce process. Please contact us online or call 877-647-9686 today.