Answers To Common Questions About Divorce

Getting a divorce often comes with a lot of questions. When you watch those around you go through a divorce, you may see a range of experiences that leave you wondering what your divorce will look like. Here are the answers to some of the questions I often receive about getting a divorce in Texas.

How Long Does A Divorce Take In Texas?

In Texas, the duration of a divorce case depends on various factors, such as the complexity of the case, the level of disagreement between the parties, and the court’s caseload. Texas has a mandatory waiting period of 60 days from the date of filing the divorce petition before finalizing the divorce. However, this waiting period may be longer if the case is complex or if there are unresolved issues that need to be addressed.

If the divorce is uncontested, meaning both parties agree on all the terms of the divorce, it can be finalized relatively quickly after the mandatory waiting period. On the other hand, if the divorce is contested, it can take several months or even years to finalize, especially if the parties cannot reach an agreement and the case goes to trial.

The time it takes to finalize a divorce can also depend on where you file for divorce. Some counties have a higher caseload and may take longer to process cases. In general, it’s essential to have an experienced attorney who can help navigate the legal process and work toward a resolution in your best interest.

Should I Change My Status To Single On Facebook While Going Through A Divorce?

Understandably, going through a divorce can be a challenging and emotional time, and it’s natural to want to move forward and share your feelings and experiences with your social media community. However, it’s important to remember that any activity on social media can potentially impact the outcome of your divorce proceedings.

Changing your relationship status to “single” on Facebook during the divorce process can be interpreted in a way that may not be in your best interest. It could potentially be used against you in court and impact issues such as spousal support and property division.

During this time, it’s essential to prioritize your well-being and seek support from trusted family and friends. It’s also advisable to seek guidance from a qualified divorce attorney who can provide the legal advice and support you need to navigate this challenging time.

Remember that taking a cautious approach to social media activity during the divorce process can help protect your legal rights and ensure the most favorable outcome for your case.

Will The Property Be Split Equally In A Divorce?

In Texas, marital property is subject to division during a divorce. Marital property includes assets acquired during the marriage, except those considered separate property. Separate property includes assets owned by one spouse before the marriage, gifts or inheritances received by one spouse during the marriage and personal injury settlements obtained by one spouse.

The division of marital property in Texas follows the principle of “just and right,” which means the division must be fair and equitable under the circumstances. While the law does not require equal property division, it is common for property to be divided equally in many divorce cases.

It’s important to remember that every divorce case is unique. The division of property will depend on various factors, such as the length of the marriage, the earning capacity of each spouse and the contributions of each spouse to the marriage. It’s advisable to seek the guidance of an experienced divorce attorney to help navigate the complexities of property division during a divorce in Texas.

My Spouse Cheated; Does That Matter For Our Divorce?

Infidelity can be a painful and emotionally charged issue in a divorce case. Still, its impact on the outcome of a divorce in Texas can vary. Texas is a “no-fault” divorce state, which means that the reason for the divorce is not usually considered when determining issues such as property division, child custody and support.

However, in some cases, infidelity may be relevant to the divorce proceedings. For example, if the cheating spouse used marital assets to support their affair, that may be considered in the property division process. Additionally, if the cheating spouse had a detrimental impact on the well-being of the children, that may also be considered in child custody determinations.

Working with an experienced divorce attorney who can help navigate the complexities of divorce proceedings in Texas and ensure your rights are protected is essential. They can advise you on how infidelity may impact your case and help you make informed decisions about how to proceed. They can also provide you with the support you need during this challenging time.

Will I Go In Front Of A Judge In My Divorce?

In Texas, whether or not you will go in front of a judge during your divorce proceedings will depend on various factors. In some cases, divorcing couples can reach a settlement agreement outside of court through mediation or collaborative law. Their divorce can be finalized without ever going to trial.

However, if you and your spouse cannot agree on all issues related to your divorce, your case may need to go to trial. This could involve going in front of a judge to make decisions about property division, child custody and support.

Working with an experienced divorce attorney who can help you navigate the legal process and determine the best course of action for your case is important. They can advise you on whether mediation or trial is the best option for you and provide the support you need to make informed decisions about your divorce.

Get Personalized Support

Divorce comes with many emotions that can make the process complex. It is essential to have skilled support as you go through the divorce process. To schedule a consultation in my Dallas–Fort Worth office, call 972-521-1961 or contact me online.