Divorce, Family Law

Issues in a Divorce Without Children

Posted by brian on September 17, 2019
Cedar Park Divorce Lawyer

If you are facing a divorce that does not involve children, you will not need to come to terms with shared custody, which can be a difficult element of the divorce process. This does not, however, mean that your divorce will automatically be simple. Every divorce – even an amicable dissolution – is fraught with complicated emotions, and this fact often plays out in divorce proceedings. Further, the outcome of your divorce is likely to significantly affect your financial future. If you are going through a divorce that does not involve children, it is still always in your best interests to work closely with a Cedar Park divorce lawyer.

Your Divorce Case

The majority of divorce cases settle – before going to court – in one of several ways, including:

  • Couples come to mutual agreements with the professional legal guidance of their respective divorce attorneys
  • Couples negotiate agreements by working through their attorneys
  • Couples find common ground via mediation

When you are able to forge an agreement outside of court, it not only saves time and expense but also allows you to make your important financial decisions yourselves. Once your case goes before the court, the judge will make financial decisions for you based on what the court determines is a just and right division of property. The court’s determination of what is just and right, however, may not coincide with your own.

Division of Marital Property

In the State of Texas, any assets or property that you acquire as a married couple is generally considered marital property to be divided in a divorce. Some divorces are fairly straightforward, and others are complicated by high assets, business ownership, and more. If you and your divorcing spouse are able to reconcile a division that you can both live with, you might not need any court intervention.

If the court must make property division determination, it will consider many factors in determining a distribution that it considers fair, including:

  • Each of your ages, general health, and level of education
  • Each of your earning capacities
  • Each of your personal contributions to the marriage (whether one of you put the other through graduate school or made career sacrifices, for example)
  • The length of your marriage

Understanding the court’s perspective may help motivate you and your divorcing spouse to compromise.

Spousal Maintenance

In certain situations, one spouse may be eligible for spousal maintenance, which is also called alimony. This is temporary financial support that is outside the division of marital property and that one spouse pays the other post-divorce. Eligibility and duration for alimony correlate closely with the length of the marriage and special circumstances that might affect the recipient’s ability to earn a living.

If You’re Facing Divorce, an Experienced Cedar Park Divorce Lawyer Can Help

A divorce without children is still a divorce, and it can be nearly as complicated and just as contentious. The dedicated divorce lawyers at  Jackson Law Firm in Cedar Park, Texas, have the compassion, commitment, and skill needed to help you. For more information, please don’t hesitate to contact or call us at (512) 528-1900 today.

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