Navigating a divorce in Texas can be complex, especially when minor children are involved. Here are some key questions answered to help you understand the process:
What are the different types of divorce?
Texas recognizes no-fault and fault-based divorces. No-fault divorces cite “insupportability” as grounds, while fault-based divorces may involve adultery, cruelty, felony conviction or abandonment. Most divorces are based on no fault grounds.
How long does the divorce process take?
Texas has a mandatory 60-day waiting period after filing before a divorce can be finalized (with some rare exceptions). Uncontested divorces typically take 3-5 months, while contested divorces or those with more complex property issues can last many months to many years.
Do we have to go to court for a divorce or custody case?
Not necessarily. Most divorces are settled through mediation or collaborative processes. However, if agreements cannot be reached, court appearances may be necessary.
What is mediation like? How do you prepare?
Mediation involves a neutral third-party helping spouses and their lawyers reach agreements. Prepare by gathering financial documents, listing assets and debts, and considering your goals for custody and property division. What presents a win/win settlement for you and for your spouse? For your children?
Who pays the bills during the pendency of the case?
Texas courts generally expect both parties to continue paying for necessaries during the pendency of the case – think food, clothing, shelter and costs associated with the litigation. However, temporary orders may be sought and issued to address each party’s financial responsibilities pending final resolution. A spouse who is not working outside the home may be entitled to temporary spousal support during the divorce.
What is “digital evidence” in a divorce?
Digital evidence can include emails, text messages, social media posts and financial records. This information can be used to support claims in divorce cases, but must be obtained through legal means and must be duly authenticated for admissibility in court.
What are temporary orders?
Temporary orders are court-issued directives that address immediate concerns during divorce proceedings, such as child custody, support, who resides in the marital home and property use until issuance of the final decree of divorce.
Is everything split 50/50?
Not necessarily. Texas courts adhere to the notion of “equitable distribution” which means property division should be just and true, fair and equitable, but not always equal. Factors like the length of the marriage, fault in the break up and each spouse’s earning capacity and health are considered.
Remember, while these answers provide general guidance, each divorce case is unique. Consulting with an attorney who is well versed in family law is crucial to navigate your personal situation. At Calabrese Budner, we offer empathy, skilled litigators, and attorneys who can collaborate with others to achieve a creative resolution to preserve assets and to assure your future and the safety and well-being of your children.
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