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Marshall Davis Brown Jr: Divorce in Texas: What you need to Know

Monday, February 11, 2013

Divorce in Texas: What you need to Know

There's a lot to think about when going through a divorce on the emotional level. Attempting to disentangle your life and belongings from those of your spouse is difficult enough, but then you also have to deal with the lawsuit itself. Finding an attorney and going into the courtroom can be intimidating, especially on top of the psychological stress. Aside from having a good lawyer, there's not much you can do to detract from the demands of the process, but it certainly does help to be educated about what's about to happen. Here are the basics about Texas family law – just so that you're prepared.

Filing for a Divorce
The process begins by filing a petition for divorce. Bear in mind that in order for Texas to recognize your request, you've got to have a sound rationale, as per the Texas law. It's perfectly reasonable to file for a "no-fault" divorce which simply states that there has been a conflict or divergence of personal interest between the two spouses. A divorce can also be filed as a "fault" divorce, which would be the case should there be any history of abuse, infidelity, desertation, sustained separation, crime, et cetera on behalf of one or both parties. Giving a good reason makes the lawsuit easier to rule fairly. After filing the petition, there are other documents required by Texas law, such as the Marital Settlement Agreement, Financial Affidavit, and Child Support Worksheet if applicable.

Assessing Property
Texas is a community property state and therefore it recognizes any piece of property earned or purchased during the duration of the marriage belongs to the family as a whole. Any separate property needs tangible evidence to be proven so. Family property will be divided evenly in most cases, but in some fault divorce cases, distribution can be adjusted.

Child Care
A large percentage of Texas divorce cases involve children. It's important to remember that children take the brunt of the emotional impact, and to handle the situation with care. If the parents have not reached a mutual agreement about custody, the court will decide for them; children 12 years or older have the option to choose. Any non-custodial parent will have to pay child support to the guardian parent. It's important to find a lawyer who has the resources for family counseling, such as Marshall Davis Brown Jr, if necessary – the psychological effects of a divorce can be stressful on a child.

Final Ruling
Finally, bear in mind that it will be 60 days until you are finally legally divorced after all court procedures have taken place. Thus, you have that time period to reconsider. For best results, hiring an experienced, veteran divorce attorney is highly recommended.


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