Generally, the process of divorce is similar across the country. However, each state sets its own specific family laws . So, if you’re a resident of Texas contemplating divorce, it’s in your best interests to consult a family law attorney serving The Woodlands as soon as possible. Your lawyer can advise you of the applicable laws, explain the steps of the process, and help you in protecting your legal rights.
How Long Does the Divorce Process Take?
If you’ve recently moved to Texas or to a new county in Texas, the divorce process can take a little longer than usual. As your divorce lawyer can inform you, Texas has a residency requirement. You or your spouse must have been a resident of the state for six continuous months. Additionally, one of you must have been a resident of the county in which the divorce papers will be filed for a minimum of 90 days. After the lawyer files the divorce petition, the divorce cannot be finalized for at least 60 days. However, if there are disagreements it may take longer to finalize a divorce.
What Are the Grounds for Divorce?
Like almost all other states, in Texas, you can file for either a no fault divorce or a fault-based divorce. If you can prove that your spouse is to blame for the breakdown of the marriage, it may be in your best interests to file for a fault-based divorce. This is because the judge may consider the fault of the other spouse when determining questions such as the division of marital assets. The grounds for a fault-based divorce include adultery, abandonment, cruel treatment, long-term incarceration, long-term confinement to a mental hospital, and separate residency of at least three years.
Can I Receive Spousal Support?
Spousal support isn’t alimony, and it isn’t automatically granted. However, your divorce lawyer can argue that you should receive spousal support payments. In many divorce cases, a judge may grant temporary spousal support while the divorce is pending if you are unemployed or have significantly lower wages than your spouse. Depending on whether the conditions are met, it is possible for spousal maintenance payments (or alimony) to be ordered paid for up to three years after divorce.