Divorce

Divorce is unquestionably one of the most intense and turbulent times in your life. And frankly, how could it not be? It involves a mixture of deeply painful emotions, legal ramifications and financial consequences.

As you begin the divorce process, count on our firm to provide you with sound legal guidance. Our objective is to help you through the legal process as efficiently and painlessly as possible. We will take the time to learn your goals, understand your needs, explain your options and empower you to make wise decisions that positively affect your family’s future.

Some legal issues we can guide you through include:

• Your rights and duties as a parent
• How you and your spouse will divide and share time with your children
• Financial matters such as payment of child support and provision of health insurance
• Assessing and dividing assets and debts

How is property divided in divorce?
Texas recognizes “community property” laws. Community property is property that you and your spouse have acquired during the course of your marriage. Regardless of who purchased it or who earned the income, community property law states that it is presumptively owned equally by both of you unless and until proven otherwise. Texas law presumes that community property will be divided equally unless one can show legally that he or she is entitled to a disproportionate share.

What is separate property?
Separate property is owned by an individual and not considered part of the community property to be divided in divorce. Separate property includes property that was owned before the marriage and/or property that either of you received as a gift or inheritance during the marriage. A court cannot take separate property away from you to award to the other spouse. However, some spouses do make gifts of separate property to the other in the final divorce decree.

What is a “no-fault” divorce?
For many years, Texas required that a spouse seeking divorce have specific grounds for doing so. But today, Texas law recognizes the right of a spouse to divorce for “conflict or discord that destroys the legitimate ends of the marriage relationship,” commonly known as a “no-fault” divorce. In other words, a spouse can divorce without having to blame the other.

How long does the divorce process last?
In most cases, the parties in a divorce must wait 60 days from the day the initial petition is filed before a judge will sign the final decree. Beyond that minimum period, the time to resolve a divorce depends on the parties, the process they choose, and the issues that need to be addressed. Most cases resolve in 6 to 18 months.

What if my spouse and I have agreed on everything and just need one lawyer to draft all the documents?
One lawyer cannot represent both parties in a divorce, even if it is only to draft documents. One attorney can draft the documents, but only as the retained attorney for one of the parties. In that event, the attorney can only provide legal advice to the party he or she represents. The non-represented spouse is encouraged to hire his or her own counsel to review the documents and provide independent legal advice to him or her.

What happens when one spouse does not want the divorce?
Because Texas doesn’t require a specific cause as grounds for divorce, the court will grant a divorce even if only one spouse wants it.

How long do I have to live in Texas before I can file for divorce?
One spouse must live in Texas for 6 months and in the county of filing for 90 days before filing a petition for divorce.

Is it true that Texas law does not allow for alimony payments?
Texas law currently does not allow for court-ordered alimony, but courts can and do approve contractual alimony agreements made by divorcing spouses. Also, under some circumstances, courts can award spousal maintenance, which is similar to alimony but creates no taxable event under federal tax laws. The spouse seeking maintenance must meet certain minimum eligibility requirements. In addition, the law imposes caps on the duration and amount of maintenance payments with limited exceptions.

RHONDA IS A VERY SKILLED COLLABORATIVE LAW ATTORNEY. SHE HAS A KEEN FOCUS FOR THE BEST OUTCOME FOR YOU AND YOUR CHILDREN, AND WORKS DILIGENTLY TO THAT END.

– Keith M.

Contact

(972) 403-0333

6010 W Spring Creek Pkwy Plano, TX 75024

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Divorce

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