Llano County Divorce Attorney
Representing Clients in Round Rock, Georgetown, Pflugerville & Beyond
Are you going through a difficult divorce? Is it taking longer than you expected? We understand that the divorce process can be both stressful and time-consuming. We are here to help you get through it.
Our team at Cofer & Connelly, PLLC has the experience and resources to handle your divorce case. We can evaluate your situation, handle all the necessary paperwork, ensure you meet all the deadlines, and protect your rights and best interests inside and outside the courtroom. Our goal is to help you obtain the most favorable outcome in your divorce.
Texas Divorce Laws
To file for divorce in Texas, at least one spouse must have lived in the state for at least six months prior to filing. Additionally, they must have been a resident of the county where they intend to file for at least 90 days.
Texas allows for both "no-fault" and "fault-based" grounds for divorce. "No-fault" divorce means that the marriage has become insupportable due to discord or conflict that can't be resolved, and there's no need to prove wrongdoing. Other "fault-based" grounds include adultery, cruelty, abandonment, and conviction of a felony.
Texas has a 60-day waiting period after filing for divorce before the court can finalize it. This is to allow time for reconciliation if the couple decides to work things out. However, in cases of family violence or a protective order, this waiting period may be waived.
The following are the common issues involved in a Texas divorce:
- Property Division: Texas follows the community property system, meaning that property acquired during the marriage is generally considered community property and is subject to equitable division upon divorce. However, separate property, such as property acquired before the marriage, may not be divided.
- Child Custody and Support: When children are involved, the court will determine custody arrangements (conservatorship) based on the child's best interests. Texas courts encourage joint custody if it's in the child's best interest. Child support is calculated based on state guidelines and the income of both parents.
- Spousal Support (Alimony): Texas law allows for spousal support (also known as alimony) in certain cases, but it's not guaranteed. Spousal support is generally awarded if one spouse lacks the ability to support themselves financially after divorce, and the other spouse has the ability to pay.
Contested Divorce vs Uncontested Divorce in Texas
An uncontested divorce is one in which the spouses agree on all terms of the divorce. They will agree on all issues, such as property division, spousal support, and child custody.
An uncontested divorce can take less time and cost less money than a contested divorce. However, the spouses must agree on all terms of the divorce, including the division of assets and debts, spousal support, and child custody.
On the other hand, a contested divorce is one in which the spouses do not agree on any terms of the divorce. The spouses will disagree on one or more of the terms of the divorce, such as property division, spousal support, and child custody.
In a contested divorce, the spouses will have to present evidence to the judge and argue their case in order to get what they want. A contested divorce will take longer and cost more than an uncontested divorce.
While it's possible to file for divorce in Texas without an attorney, it's often advisable to seek legal counsel, especially if the divorce involves complex issues or disputes.
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