In this article, you will discover:
- How to initiate divorce proceedings in Texas.
- Factors that can delay the finalization of your divorce.
- Recent changes to Texas law are affecting custody agreements.
What Are The Options For A Couple To Proceed With Divorce In Texas?
In Texas, if you want to get a divorce, we have to file a petition with the court to get a case started. Then we serve the other party, which begins the period of time running to allow us to complete the divorce.
Is There A Benefit To Filing For Divorce Before My Spouse In Texas?
There is no major benefit under the law in Texas to filing for divorce first. You just get the first bite at the apple in the pleadings you file with the court, getting your story out there first.
In Sherman, Texas, If A Divorce Is Contested, What Effect Does It Have On The Process?
A contested divorce will take longer and more court hearings before the divorce process is final. We have to set a temporary orders hearing. If there is egregious or concerning behavior, we also file a temporary restraining order. We can get into court faster on those temporary orders.
If either side files and receives a temporary restraining order, those hearings for temporary orders must be conducted within 14 days, unless the court extends the deadline an additional 14 days. There may be mediation —if the parties agree to that or the court orders it. Lastly, we do a final hearing.
This final hearing could take several hours or even days. If we have a major contested hearing, discovery needs to be done, where we get additional questions answered and documents from the other party in the case.
Navigating the turbulent waters of divorce in Sherman, Texas, can be a formidable task, fraught with emotional upheaval and complicated legal intricacies. Each divorce case is distinctive, carrying its unique set of circumstances that require the engagement of a competent Texas divorce attorney for comprehensive expert guidance.
At Brese-LeBron Law, PLLC, we offer a dedicated team of accomplished divorce lawyers that remain steadfast in supporting our clients through this challenging period. We emphasize understanding each case’s diverse needs and complexities, directing our clients through the convoluted labyrinth of Texas divorce laws.
Whether it pertains to the division of marital assets, spousal support, or child custody matters, we are unwavering in our commitment to safeguard our client’s rights and interests at every juncture, ensuring they are not compromised during the arduous divorce process.
Mediation is a feasible, less contentious, and cost-effective alternative to standard divorce litigation. This progressive approach empowers divorcing couples with greater control over their future by granting them the authority to influence life-altering outcomes directly.
As proficient mediation lawyers at Brese-LeBron Law, PLLC, we champion open, constructive dialogues and guide negotiations between disputing parties. We aim to reach mutually acceptable agreements on thorny issues such as property distribution, child custody, and spousal maintenance.
Our unwavering commitment is rooted in facilitating our clients to preserve relationships while simultaneously achieving a fair and balanced resolution to their disputes. We do this while ensuring the process is respectful, confidential, and driven by the needs of both parties.
In instances where divorce issues cannot be amicably resolved through mediation or collaborative efforts, litigation becomes an unavoidable recourse. As seasoned litigation attorneys in Sherman, Texas, at Brese-LeBron Law, PLLC, we stand prepared to fight tirelessly to advocate for our client’s rights and interests in court.
We specialize in adeptly handling complex divorce cases, commencing from filing the initial divorce petition to robustly representing you before the judge. Our overarching aim during the litigation process is securing a favorable outcome that is most congruent with your long-term interests while staunchly upholding your rights within the constraints of Texas law.
“Kitchen Table” Settlements
The “Kitchen Table” settlement concept embodies an informal approach to divorce, enabling couples to mutually agree upon the terms of their separation, thus bypassing potentially stressful court intervention. However, despite its seemingly casual nature, engaging with a knowledgeable Texas divorce attorney is paramount to ensure fairness, equity, and adherence to legal statutes.
At Brese-LeBron Law, PLLC, we provide comprehensive expert advice and support to help navigate these unconventional settlements. We ensure that the agreed-upon terms offer ample protection for your interests while ensuring compliance with the rigid standards set forth by Texas divorce laws.
Although a do-it-yourself divorce may initially appear as the most economical choice, the absence of professional legal guidance could lead to expensive mistakes and unforeseen complications. The seasoned team at Brese-LeBron Law, PLLC, is on hand to provide critical assistance, unwaveringly safeguarding your rights and ensuring compliance with all necessary legal formalities.
We extend our extensive experience and expertise in navigating through crucial decisions related to property division, child custody, and alimony, simplifying the entire process. Our involvement is geared towards ensuring a fair, beneficial outcome that best meets your needs while avoiding potential legal pitfalls.
Once Someone Files For Divorce In Texas, What Is The Timeline Of Events?
Once someone files for divorce, they must serve their spouse with the divorce petition. This process can take a few days, to even months, depending on the location of the spouse. Sometimes, if the spouse is unable to be located, they must be served by publication in a newspaper. Service by publication is an unusual circumstance, and requires additional time and effort. After the non-filing spouse has been served, they have 20 days to file a written answer with the court. This is followed by a temporary orders hearing that needs to be done within 14 days if a temporary restraining order is filed. After this hearing, mediation will be conducted, if needed, and then a final hearing will be set.
The big question I get from clients is, “How quickly can I get this done?” In cases where we have an uncontested divorce, you must wait at least 60 days from the divorce petition’s filing to be divorced in Texas. If the divorce is contested, it can take months to be finally divorced.
What Should I Know Before Filing For A Divorce In Texas?
Before initiating a divorce in Texas, there are several crucial considerations to remember. One of the foremost requirements is satisfying the residency criteria, which mandates that you or your spouse must have been a resident of Texas for a minimum of six months. This prerequisite ensures that the divorce proceedings are conducted within the jurisdiction of Texas.
Furthermore, it is vital to know that Texas follows the community property principle. Under this framework, most assets acquired during the marriage are considered jointly owned and subject to equitable division upon divorce.
Understanding this aspect can significantly impact the outcome of property settlements and the overall divorce process. To navigate these intricacies and safeguard your interests, seeking the guidance of a competent divorce attorney in Sherman, TX, is highly advisable.
How Can A Divorce Lawyer Assist Me During The Divorce Process?
Amidst a divorce’s challenges and emotional turmoil, a skilled divorce lawyer can offer invaluable assistance and support. Their expertise enables them to provide comprehensive guidance on divorce laws, clarifying your rights and responsibilities while helping you navigate the legal system effectively. By enlisting the services of a Sherman, TX, divorce attorney, you can ensure that your case is presented persuasively – both in and out of court.
A divorce lawyer can also be crucial in facilitating negotiations for fair property settlements. Their experience allows them to advocate for your interests and strive for an equitable distribution of assets. By entrusting the legal aspects of the divorce to a capable professional, you can concentrate on planning your future while minimizing the emotional toll of the process.
How Is Property Divided In A Texas Divorce?
In Texas, as a community property state, the division of assets and debts in a divorce holds significant implications. While all property and debts acquired during the marriage are generally considered jointly owned, the division may not necessarily be an equal 50/50 split. Courts in Texas aim for an “equitable distribution” that considers various factors.
Determining factors can include each spouse’s earning potential and health, as well as considerations related to child custody arrangements. For instance, if one spouse assumes custody of the children, this may impact the division of assets. To ensure a fair distribution of both assets and liabilities, it is advisable to seek the services of an experienced divorce lawyer who can skillfully negotiate on your behalf.
How Can A Sherman, TX Divorce Attorney Help Protect My Parental Rights?
When it comes to divorce, issues surrounding parental rights can be among the most contentious and emotionally charged. To safeguard your parental rights during a divorce in Sherman, TX, it is essential to engage the services of a divorce attorney who specializes in this area.
A Sherman-based divorce attorney can provide valuable assistance in developing a comprehensive parenting plan that addresses crucial aspects such as child custody, visitation rights, and child support.
In the event that an agreement cannot be reached amicably, your attorney can advocate for your rights in court and present a compelling case on your behalf. Furthermore, should circumstances change after the divorce, your attorney can assist with necessary modifications to existing orders, ensuring that your parental rights remain protected and enforced.
How Is Child Custody Determined When A Couple Is Divorcing In Texas?
Custody, as most people refer to it, or possession and access as it is referred to under Texas law, is influenced by the location of the two households. Recent changes to the law provide for extended standard possession for parents who live less than 50 miles apart. On the first, third, and fifth weekend of each month, the parent who is not designated the parent of the child’s primary residence has the child from Thursday when school lets out through Monday morning when school resumes the following week. During the second and fourth weeks of the month, this parent would have the child from the time school lets out on Thursday until school resumes on Friday morning.
There are other standards for parents who live much further apart, 100 miles or more. There is some designation to take more of your possession during the summer, so the child doesn’t have to do a lot of traveling throughout the school year.
When determining the primary parent, the parents can of course agree on where the child should live the majority of the time. If there is no agreement, a judge will consider several factors, such as who has been the primary caretaker of the child, and the behavior of both parents prior to and during the divorce proceeding. Children older than 12 may have the opportunity to speak with the judge about where they wish to live as well. While the child’s desires are not controlling, this can be a consideration in determining primary residence, as well as a visitation schedule.