Divorce in Texas: 5 Important Things You Need to Know Before Filing

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Divorce in Texas: 5 Important Things You Need to Know Before Filing
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According to the Texas Health and Human Services Commission, there are about 180,000 couples who get married in Texas every year. This represents a large percentage of the roughly 2.2 million Americans who get married each year.

But unfortunately, there are also a lot of Texans who get divorced on an annual basis. About 75,000 married couples choose to call it quits in Texas every year.

If you and your spouse have decided to get a divorce in Texas, you should know that there are some things that make the divorce process unique in your state. Getting a divorce in Texas isn't like getting a divorce in, say, California, Florida, or New York.

You should learn about the process ahead of time so that you and your soon-to-be ex-husband or wife know what to expect. It'll ensure you're prepared for everything that's going to come your way in the coming weeks and months.

Here are five important things you need to know before filing for divorce in The Lone Star State.

1. Getting a Divorce in Texas Can Take a Long Time

Do you want to get a divorce in Texas as soon as possible? You're not going to be able to do it.

There are some states that allow married couples to get divorced in a hurry. As long as there aren't any major disputes between the two parties, a judge will grant a couple's request for a divorce in no time.

But that's not going to be the case when you get divorced in Texas. After you file a petition for divorce from your spouse, it often takes at least 60 days for the divorce process to be finalized. And in certain cases, it can take a lot longer than that.

There are some instances in which Texas couples have to wait six months and sometimes even a year for their divorce to be finalized. This is especially true when there are tons of details to hammer out between the two parties.

If, for example, a couple had kids throughout the course of their marriage, a custody agreement will have to be put together. Or if a couple bought a home together when they were married, they'll have to figure out who will get to keep the home following their divorce.

The sooner you and your partner can get on the same page, the sooner your divorce can be finalized. But until that happens, it's not uncommon at all for the divorce process to drag out for a long time.

2. Legal Separation Isn't an Option in Texas

In many states, couples who are either thinking about getting divorced or in the process of getting divorced can get what is called a legal separation. A legal separation calls for the two parties to start living separately and managing their own finances.

This is a great option for people who want to start leading their own lives separate from their spouse prior to their divorce. But it's an option that isn't offered to those who live in Texas.

You and your spouse can choose to start living apart in the months leading up to your divorce if you want. You can also split up your finances and any other property that you can agree to split up.

But in the eyes of the state, you and your spouse will still be considered together until your divorce in Texas is 100% finalized. That means that any assets or debts that you accumulate will belong to both of you, regardless of who was responsible for them.

As you can imagine, this can cause issues for many couples who are on the brink of divorce. It can lead to surprises popping up during the divorce proceedings and result in even more bad blood between two people seeking a divorce.

You and your spouse should try to avoid introducing any new assets or debts into your lives while you're getting divorced. It'll make your divorce less complicated in the end.

3. "No-Fault" Divorces Are Allowed in Texas

When you go to file for divorce from your spouse, you'll often be asked why you want a divorce from them.

People get divorced for all kinds of different reasons these days. Some do it as a result of infidelity, while others do it after running into insurmountable financial issues.

While you can list any reason you want for getting divorced, Texas is a state that allows for "no-fault" divorces to take place. This means that you won't be required to prove that your spouse did something wrong during your marriage to warrant a divorce.

But with that being said, the judge in your case might consider who was at fault for a divorce when considering how to divide up a couple's property. It's a big part of the reason why you're going to want to think about hiring a divorce lawyer to represent you in divorce court.

4. Divorce in Texas Is a Lot More Complicated Than You Might Think

if you've never gone through a divorce before, you might be under the impression that it's a simple process. You don't want to be married to your spouse anymore, and your spouse doesn't want to be married to you-so how hard could it be to untie the knot?

As it turns out, divorce in Texas is almost always more complicated than couples think it'll be. There is often at least one issue that a couple can't agree on when they're getting divorced, which makes it hard for them to finalize their split.

Divorces can also be very emotional for those involved in them. People tend to get caught up in their emotions at times and make irrational decisions related to their divorce.

With all of these things in mind, you shouldn't ever try to get a divorce without a helping hand from a lawyer. A lawyer can serve as an objective party and help you stay calm in the courtroom when things between you and your spouse get tense.

A divorce lawyer can also point out potential problems within your divorce agreement that you may not have considered. You'll feel so much more confident in the outcome of your divorce case when you have someone who knows what they're doing by your side.

5. Hiring a Texas Divorce Lawyer Doesn't Have to Break the Bank

Most people are well aware of the fact that a wedding can cost a small fortune. The average wedding these days costs around $30,000.

But these same people aren't always aware of the fact that a divorce can cost just as much as and, in some cases, even more than a wedding. The average divorce costs each party about $15,000.

But you should know that you don't have to spend this much money when you're getting divorced. You can-and should!-find a divorce lawyer who will work with you without forcing you to pay an arm and a leg for their services. Look around for one who offers affordable prices to those going through a divorce.

And keep more than just cost in mind when looking for a lawyer to assist you with your divorce in Texas. You should also look for a lawyer who can offer:

  • Years of experience as a divorce lawyer

  • References from past clients who have utilized their divorce services

  • Excellent communication skills-in person, over the phone, and through email

Divorce lawyers are a dime a dozen in Texas. With so many people in the state seeking divorces every year, lots of lawyers have chosen to focus on doing most of their work in divorce courts.

But that doesn't mean you should simply hire the first one who offers to help you. You should do your homework and find the best possible option based on your specific situation.

This will allow you to get a divorce in Texas without all the usual stress that comes along with doing it. It'll also make it easier for you to get divorced without spending a significant portion of your salary on a lawyer.

Start the Process of Getting a Divorce in Texas Today

As we've mentioned a few times now, you and your spouse aren't going to be able to get a divorce in Texas in a matter of just a few weeks. You're going to have to go through a long process before having your divorce finalized.

But if you suspect that you and your spouse will be better off following a divorce, you shouldn't let the process scare you. As long as you're able to secure the services of the right lawyer, you can work your way through the process without any problems.

The right lawyer can also ensure you're happy with the results when your divorce is officially in the books. This will make you feel good about your future and everything that's still to come in your life.

Interested in learning more about getting a divorce in Texas or another state? Browse through our blog to find other informative articles on divorce.

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