Helping You Navigate Divorce in Kerr County, TX
Divorce is a difficult process, both emotionally and legally. The decisions you make during your divorce will have a lasting impact on your life and the lives of your children. That is why it is so important to have an experienced Kerr County divorce lawyer on your side, fighting to protect your rights and your future.
At Cofer & Connelly, PLLC, we understand the challenges you are facing. Our team is here to provide the compassionate support you need and the aggressive advocacy you deserve. We will work with you to understand your goals and develop a strategy that is tailored to your unique situation.
Whether you are going through a contested or uncontested divorce, we have the experience and skill to help you navigate the process.
Understanding the Divorce Process
Divorce is the legal process of ending a marriage.
The divorce process in Kerr County typically involves the following steps:
- Filing the petition: To initiate the divorce process, you must file a Petition for Divorce with the Kerr County District Clerk. You must also serve your spouse with a copy of the Petition and a Summons, which notifies them that you have filed for divorce and that they have a certain amount of time to respond.
- Temporary orders: If you need temporary orders for child custody, child support, spousal support, or property division, you can request them at this time. Temporary orders are designed to provide stability and protect the interests of both parties and any children involved while the divorce is pending.
- Discovery: During the discovery phase, both parties will gather information about the marriage, including financial records, property valuations, and other relevant documents. This information will be used to determine how to divide the marital estate.
- Negotiations: In many cases, the parties will be able to reach an agreement on the terms of the divorce without going to court. This is typically done through informal negotiations or alternative dispute resolution methods, such as mediation. If you and your spouse can agree on all of the issues, you can submit a proposed divorce decree to the court for approval.
- Divorce trial: If you and your spouse are unable to reach an agreement, your case will go to trial. At trial, the judge will hear evidence and arguments from both sides and make a decision on the unresolved issues. Once the judge has made a decision, they will issue a final divorce decree.
- Post-divorce matters: After the divorce is finalized, you may need to take additional steps to enforce or modify the terms of the divorce decree. For example, you may need to go back to court to request a modification of child custody or child support, or you may need to take legal action to enforce the property division.
At Cofer & Connelly, PLLC, we understand that every divorce is unique. We will take the time to understand your goals and develop a strategy that is tailored to your unique situation. Our Kerrville divorce lawyers will be there to guide you through every step of the process and help you make informed decisions about your future.
What Are the Grounds for Divorce in Texas?
In Texas, you can get a divorce based on either fault or no-fault grounds. Most divorces are no-fault, meaning that the marriage has become insupportable due to discord or conflict. In other words, you and your spouse have irreconcilable differences that have caused the marriage to break down.
Other grounds for divorce in Texas include:
- Conviction of a felony
- Living apart for at least three years
- Confinement in a mental hospital
It is important to note that you must be able to prove fault grounds in court. This can be a difficult and time-consuming process. In most cases, it is easier and more efficient to get a no-fault divorce.
How Long Does It Take to Get a Divorce?
In Texas, there is a mandatory 60-day waiting period for divorce. This means that the court cannot grant your divorce until at least 60 days have passed since the date you filed the Petition for Divorce. In most cases, however, the divorce process takes longer than 60 days.
The length of the divorce process will depend on a variety of factors, including the complexity of the issues involved and the ability of the parties to reach an agreement. In some cases, the divorce process can be completed in a few months. In other cases, it can take a year or longer to finalize the divorce.
At Cofer & Connelly, PLLC, we understand that you want to get through the divorce process as quickly as possible. Our Kerr County divorce lawyers will work diligently to move your case forward and help you achieve a timely resolution.
Contested vs. Uncontested Divorce
In a contested divorce, the parties are unable to reach an agreement on one or more of the issues involved, which can include issues such as child custody, child support, spousal support, and property division. The parties will need to go to court and ask the judge to make a decision on the unresolved issues.
In an uncontested divorce, the parties are able to reach an agreement on all of the issues involved; the parties can submit a proposed divorce decree to the court for approval. The court will review the proposed divorce decree and, if it is fair and reasonable, will issue a final divorce decree.
Divorce vs. Legal Separation
A divorce is the legal process of ending a marriage. A legal separation, on the other hand, is the legal process of separating the parties while keeping the marriage intact. In other words, a legal separation is a court order that outlines the rights and responsibilities of each party while they are living apart.
In Texas, you can get a legal separation if:
- You and your spouse are experiencing a conflict of personalities that has destroyed the marriage and there is no reasonable expectation of reconciliation
- You and your spouse are living apart and have not reconciled for at least three years
It is important to note that a legal separation does not end the marriage. You and your spouse will still be legally married and cannot get remarried. If you decide to get a divorce after a legal separation, you will need to go through the divorce process.
Divorce vs. Summary Divorce
A summary divorce is a simplified divorce process that is available to couples who meet certain requirements. In general, a summary divorce is faster and less expensive than a regular divorce.
In Texas, you can get a summary divorce if:
- You and your spouse have been married for less than two years
- You and your spouse do not have any children together
- You and your spouse do not own any real estate
- You and your spouse do not have any retirement benefits
- You and your spouse do not have any debts other than car loans
- You and your spouse have agreed on how to divide the property and debts
- You and your spouse have agreed on how to handle spousal support
It is important to note that a summary divorce is only available to couples who meet all of these requirements. If you do not meet all of these requirements, you will need to go through the regular divorce process.
Unique Considerations in a High-Asset Divorce
A high-asset divorce is a divorce that involves a significant amount of assets and liabilities. In general, a high-asset divorce is similar to a regular divorce. However, there are some unique issues that can arise in a high-asset divorce that do not arise in a regular divorce.
Some of the unique issues that can arise in a high-asset divorce include:
- How to value and divide complex assets, such as businesses, professional practices, and investment portfolios
- How to value and divide real estate, including the family home, vacation homes, and rental properties
- How to value and divide retirement accounts, including 401(k)s, IRAs, and pensions
- How to value and divide stock options, restricted stock units, and other types of executive compensation
- How to value and divide valuable personal property, such as artwork, antiques, and jewelry
- How to value and divide debts, including mortgages, car loans, and credit card debt
At Cofer & Connelly, PLLC, we have extensive experience handling high-asset divorces. Our divorce attorneys in Kerr County can help you understand your rights and options and guide you through the process.
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