6 Must-Know Facts About Divorce in Texas

 Friday, October 14th 2022, 4:00 AM

Midlothian, TX, Divorce Lawyer Discusses Must-Know Facts About Divorce in Texas

Midlothian, United States - October 14, 2022 /McCarty-Larson, PLLC/

Most people get married with the expectation of staying married. While it is a healthy expectation, it is important to realize that the possibility of divorce is real. Nearly 50 percent of marriages eventually end in divorce.  

No matter the reason for calling it quits, all divorces come with the practical, legal, and financial challenges that come with a dissolution of marriage, explains Midlothian, TX, divorce lawyer McCarty-Larson. Here are 6 must-know facts about getting a divorce in Texas.

There are No Quickie Divorces in Texas

Texas requires a 60-day waiting or “cooling off” period after filing a petition for divorce. During that time, no final order for divorce may be entered into the court record. In some cases, where the divorce is uncontested, and both parties agree on all matters, the divorce may be granted as soon as the 60-day cooling-off period elapses. Most divorces take much longer, however. 

There is No Legal Separation in Texas

In Texas, you are either married or not. The state of Texas does not recognize legal separation, and a couple remains married until legally divorced. This means that even if the couple is living separately, all of the property and debt acquired, regardless of in whose name, remains community property or community debt. This is something that many people do not take into account throughout the divorce process but could help persuade parties to come to reasonable agreements more quickly. 

Texas No-Fault and Fault-Based “Grounds” for Divorce

The state of Texas recognizes no-fault and fault-based divorces. In a no-fault divorce, neither party has to prove that the other’s bad acts were the cause of the divorce. In a fault-based divorce, one or both, and most generally both, provide evidence that the other party’s bad acts are the reason for the divorce. 

No-Fault Grounds for Divorce Include:

• Insupportability of the Marriage (the couple cannot get along, and there is no expectation of reconciliation) 
• Living Apart for 3 or More Years

The Fault-Based Grounds for Divorce Include:

• Cruelty
• Felony Conviction
• Adultery
• Abandonment
• Confinement to a Mental Hospital (for 3 or more years) 

Medical, Phone, and Email Records and Social Media Accounts May Be Used in a Divorce

Social media accounts, emails, and texts often come up as evidence during a divorce. The opposing divorce lawyer can even request the judge order the other party to release their medical records.

Don’t Count on Alimony

While being awarded alimony is possible in Texas family law courts, it is infrequent. In fact, Texas has one of the narrowest spousal support laws in the nation. To qualify for alimony, the marriage must have lasted ten or more years, and the person requesting support must be unable to earn enough to meet their basic needs. 

Legal Representation is a Must

Having a divorce lawyer is not a legal requirement but when you consider the importance of the process and the serious issues that can arise, having legal representation is certainly highly advisable.      

Very few divorces are simple, fast, or amicable. Even if every divorce were all of those things, it would still be important for each party to have a skilled divorce lawyer protecting their interests, as the decisions made during this time have long-lasting repercussions. Divorces are complex, and navigating the legal system is difficult. A divorce lawyer helps ensure the best possible outcomes in a difficult situation. 

McCarty-Larson PLLC | Divorce Lawyer Midlothian TX

Every divorce is stressful, complex, and life-changing, and something no one should navigate alone. Divorce lawyer McCarty-Larson specializes in aggressively protecting client rights with skill and compassion. For more information, email contact@mccartylarson.com or contact the office at (972) 775-2100.