Divorce is one overwhelming process and most of the time leaves the victims completely broken. For whatever reason you have to divorce your spouse, you need to be knowledgeable about the divorce process to ensure that you are doing the right thing. A Tampa divorce attorney will tell you that your future and that of the kids will depend a lot on the decisions you make during the divorce process and thus the need to understand what you are doing. Here are some points that will give you an insight into the divorce process in Texas.
1. Reason For Divorcing
Most states allow people to end their marriage under the law of ‘no-fault’ divorce whereby the person filing the divorce is not required to provide proof of a wrongful thing that the other person did. This means that even if the other person decided not to be involved in the divorce process, a judgment would still be made. However, if the judge has proof of any marital misconduct, he can apply it when determining a just and right division of the marital properties.
2. Separation And Community Properties
If you are legally separated from your spouse, Texas court will not consider it as a basis to divide property until one of you decides to file a divorce. This means that all the properties and debts you have are still community property and debt even if they are titled under one of you. Community property constitutes anything that was acquired during your marriage. If you have a separate property that you don’t want to be considered as community property, you will have to produce convincing evidence that it’s yours alone. It could be a gift, inherited property or was acquired before you got married.
3. You Will Need A Divorce Lawyer
Divorce is a very complex and overwhelming process. In this case, you will need to work with an experienced divorce attorney who will help you understand the process in details and negotiate for a better settlement of your divorce. A Tampa divorce attorney will tell you that it is possible to represent yourself in a divorce case but also warns that it will be time-consuming, costly and depressing than it could have if a trained divorce lawyer was involved. The good thing about hiring a divorce lawyer in Texas is the fact they will remain objective even if the process becomes emotional. However, before you settle on one attorney, apply due diligence to make sure you get the best.
4. What To Expect
• Once you file a divorce in Texas, a court order may be issued to the other spouse to prohibit them from cutting off credit cards, closing financial accounts, traveling with children out of state, changing insurance policies or changing schools for children.
• Many people think that after filing a divorce you will head directly to court, but this is not the case. Instead, you will be given a chance to mediate or work things out of court with your spouse. If however, you cannot agree on some issues, you will have to go for a trial as a last resort. A trial can be lengthy, expensive and difficult for you and your children and therefore it should be avoided if possible.
• A divorce process in Texas cannot be finalized until 60 days have elapsed after the petition was filed. Depending on the parties involved and the issues at hand, a divorce process can take up to six months or more.
• Splitting of community property in Texas does not have to be 50/50 because the Texas Family Code requires the property to be divided in a just and right manner. The percentage depends on the behavior of the parties involved such as evidence of fault grounds or earning capability disparity.
• The party that is expected to provide child support will be required as per Texas Family Code to give 20 percent of their net income for one child and additional 5 percent for each additional child up to 40 percent. The support will be withheld from their paychecks and deposited in the other party’s bank account.