Skip to content
At the Law Office of Bryan Fagan, our team of licensed attorneys collectively boasts an impressive 100+ years of combined experience in Family Law, Criminal Law, and Estate Planning. This extensive expertise has been cultivated over decades of dedicated legal practice, allowing us to offer our clients a deep well of knowledge and a nuanced understanding of the intricacies within these domains.
Divorce in Texas can be a complex and emotional process, often requiring a clear understanding of legal procedures and requirements. The journey typically begins with the filing of a petition for divorce, which outlines the grounds for the dissolution of marriage. In Texas, the most common grounds are insupportability, which is essentially no-fault divorce, or fault-based grounds like adultery or cruelty.
Once the petition is filed, the other spouse must be served with divorce papers, initiating a timeline for the proceedings. Texas law mandates a waiting period of 60 days before a divorce can be finalized, allowing both parties time to consider reconciliation or negotiate settlements regarding issues such as child custody, property division, and alimony.
When children are involved in a divorce, custody arrangements become one of the most critical aspects to address. Texas courts prioritize the best interests of the child, which includes considering factors such as the child's emotional and physical needs, the stability of each parent, and the child's relationship with each parent. Parents can agree on a custody arrangement or seek court intervention if they cannot reach an agreement.
In Texas, there are two types of custody: legal custody, which involves decision-making authority regarding the child's upbringing, and physical custody, which pertains to where the child will live. Joint custody arrangements are common, allowing both parents to share responsibilities, but the specifics can vary widely based on individual circumstances and the court's determination.
Texas is a community property state, meaning that most property acquired during the marriage is considered jointly owned and will typically be divided equally upon divorce. However, determining what constitutes community versus separate property can be complex, often requiring careful consideration of the timing and circumstances of acquisition.
Factors such as gifts, inheritances, and property owned prior to marriage are usually classified as separate property and may not be divided. It’s crucial for individuals going through a divorce to understand their rights regarding property division and to seek legal guidance to ensure a fair distribution of assets and debts.
Hiring a qualified attorney can significantly impact the outcome of your divorce proceedings. A skilled family law attorney can provide valuable insights into Texas divorce laws, help navigate the complexities of the legal system, and advocate for your rights and interests throughout the process. They can assist in drafting legal documents, negotiating settlements, and representing you in court if necessary.
Moreover, an attorney can help alleviate some of the emotional burdens associated with divorce by providing a clear strategy and support during challenging negotiations. With their expertise, you can feel more confident in making informed decisions and achieving a resolution that aligns with your goals and needs.
