Divorce is a complex legal process governed by Texas law. In a divorce, spouses legally end their marital contract and terminate their marital obligations.
Divorce is also an emotional process. It has the potential to cause everyone involved a significant amount of anxiety and stress. Divorce can quickly become contentious and overwhelming, causing spouses to make emotional decisions rather than rational choices.
If you are contemplating a divorce or your spouse served you with divorce papers, do not allow your emotions to affect the decisions you make. Speak with an experienced Frisco divorce attorney at the Law Offices of Lisa G. Garza, P.C., before beginning the divorce process.
Why Choose the Divorce Lawyers at Law Offices of Lisa G. Garza, P.C.?
The Law Offices of Lisa G. Garza, P.C., focuses solely on family law. Attorney Lisa Garza is a Frisco family law attorney with more than 25 years in Texas family law practice and is ready to guide you through the divorce process.
Attorney Garza will stand beside you throughout your divorce and provide personalized advice and strategies to fit your circumstances. Her seasoned team is passionate about client service and communication and will update you as your divorce progresses.
Call the Law Offices of Lisa G. Garza, P.C., now to schedule your confidential consultation.
How an Experienced Frisco Divorce Attorney Can Help
An experienced Frisco divorce attorney can give you the peace of mind to focus on your mental and emotional well-being during your divorce. When you retain a divorce attorney, you do not have to act as your own attorney, prepare your own court documents, and ensure your court filings are correct and on time.
A divorce attorney can also:
- Prepare you for any hearings and present your side of the divorce in the best light possible according to Texas law;
- Prioritize your legal goals during negotiations with your spouse or their attorney;
- Guide you towards alternatives to litigation such as mediation, negotiations, collaborative divorce, and more;
- Protect your legal rights and ensure you are not taken advantage of in property and debt division, child custody, child support, and spousal maintenance matters;
- Prepare and review your divorce decree for ambiguous or unclear language that could lead to future court hearings; and
- Represent you in a divorce trial if settlement is unreachable.
And much more.
Who Can Divorce in Texas?
Texas has residency requirements to file a divorce. At least one spouse must reside in Texas for six months before a divorce filing. One spouse must live in the county where the divorce is filed for a minimum of 90 days.
Texas is a No-Fault Divorce State
Texas is a no-fault divorce state. This allows a spouse to file for divorce without accusing or blaming the other for wrongdoing or a marriage breakup.
The no-fault grounds for divorce in Texas is the insupportability of the marriage.
Grounds for Divorce in Texas
Texas permits spouses to assert fault-based grounds for divorce. A spouse who files a fault-based divorce must prove those grounds in court.
The fault-based grounds for divorce in Texas are:
- Adultery
- Living apart for over three consecutive years
- Abandonment for more than one year
- Felony conviction or imprisonment for more than one year
- Cruelty making cohabitation impossible
- Confinement in a mental hospital of at least three years
The court may consider fault-based grounds for divorce when dividing marital property.
Uncontested Vs. Contested Divorce in Texas
The terms uncontested and contested are not recognized by the court when referring to divorce. However, these terms are often used colloquially.
In a contested divorce, the spouses disagree on one or more issues. Contested divorces are more costly and time-consuming than uncontested divorces.
Significant Divorce Issues in Texas
Significant divorce issues must be resolved before the court will terminate a marriage. Spouses may reach a mutually acceptable agreement or have the court enter orders on their behalf.
These matters are as follows:
- Marital property and debt division
- Spousal maintenance (if applicable)
- Child custody and visitation (if applicable)
- Child support (if applicable)
Spouses without marital assets or children may reach an agreement and prepare a divorce reasonably quickly. However, there is a mandatory waiting period for a Texas divorce.
The Mandatory Waiting Period for a Divorce in Texas
The mandatory waiting period for a divorce in Texas is 60 days. The 60-day waiting period starts the day after a spouse files the divorce petition. Divorces generally take longer to finalize.
The average Texas divorce takes six months to one year.
The Divorce Process in Texas
Divorces follow a timeline and an ordered process through the family court system. The Texas divorce process typically proceeds as follows:
- The divorce filing and service on the non-filing spouse.
- A hearing for temporary orders. Temporary orders address matters like child custody and visitation, child support, spousal maintenance, and who will reside in the marital home during the pendency of the divorce.
- Discovery. Discovery is the formal evidence-gathering and exchanging of information needed to finalize a divorce. Discovery ensures a fair division of marital assets and liabilities. Most divorce cases are settled through negotiations or mediation during or after discovery.
- Pre-Trial. Pre-trial motions and hearings follow discovery when no mutually acceptable agreement is reached between the spouses.
- Trial. At the divorce trial, the court will hear testimony and evidence. It will then decide any unresolved issues between the spouses.
- Final Decree. Spouses who agree present a final Agreed Decree of Divorce for the court’s approval and signature. Spouses whose case is heard by the court will receive a ruling shortly after their trial.
A Texas divorce is final when the Decree of Divorce is signed by the court and filed with the county clerk.
Contact an Experienced Frisco Divorce Attorney Today
Divorce in Texas is complicated. If you are confused or anxious about your divorce decisions, get help from an experienced Frisco divorce attorney today. Call the Law Offices of Lisa G. Garza, P.C.
The legal team at the Law Offices of Lisa G. Garza, P.C., has the resources and skills to tackle complex assets, contentious child custody matters, and contested spousal maintenance requests. Call or contact us online to schedule your confidential consultation.