Leander, TX Divorce Attorney
Helping Clients through the Divorce Process in and around Leander, Texas.
Getting divorced can be a difficult time, and dealing with legal procedures and requirements can only add to your stress. However, Texas law does set out many requirements you must meet before the court will legally dissolve your marriage. To prevent unnecessary delays and expenses, and to ensure your interests are fully protected under the law, it is always best to have an experienced divorce lawyer in Leander on your side from the very start.
The Jackson Law Firm helps clients in all different situations through every step of the divorce process. From a consultation about your options to a final divorce judgment, we are ready to provide guidance and legal assistance during this stressful time. If you would like to learn more about divorce in Texas, or you are ready to file, please contact our legal team directly to schedule a consultation.
Divorce Requirements in Texas
Each state has its own requirements for you to obtain a divorce, and the following are some criteria you must meet under Texas law.
One spouse must have been a resident of the State of Texas for at least six months prior to the divorce filing. Further, one spouse must have lived within the county where they filed for at least 90 days.
Grounds for Divorce
When a spouse files for divorce, they must state the basis for which they are seeking to end the marriage, and these are called “grounds” for divorce. Texas allows both no-fault and fault-based grounds, and it is important to discuss which grounds are the best for your case.
No-fault grounds involve claiming the marriage is insupportable due to a conflict of personalities, and there is no likelihood of reconciliation. You do not have to prove wrongdoing on the part of either spouse, so this route can take less time and expense. However, no-fault divorces are not the right choice for everyone.
Fault-based divorces can have benefits, though they do require that you provide evidence to support the grounds you cite. Texas has six fault-based grounds, which include:
● Felony conviction that resulted in at least one year of imprisonment
● One spouse is confined to a mental hospital or facility for three years
● Abandonment by a spouse for one year or longer
● Living separately for three years or longer
If your spouse files for a fault-based divorce, there are ways to defend against the allegations and switch to a no-fault divorce if applicable.
Resolving Relevant Issues
The bulk of many divorce cases involves resolving various issues required to finalize your divorce. Such issues might include:
● Property distribution – Texas is a community property state, and what spouses acquire during their marriage is generally considered to be community property. This property (along with assets and debts) will need to be divided as evenly as possible in a divorce.
● Spousal support – Also known as alimony or maintenance, this type of financial support might be awarded to one spouse for a period of time following the divorce. The court awards spousal support based on one spouse’s need and the other’s ability to pay.
● Child custody – If you have children with your spouse, you will need to decide how to share custody of them. This includes with which parent the children will live and when, as well as how you will share decision-making responsibilities regarding important aspects of a child’s life.
● Child support – In some cases, one parent might need to make support payments to the other parent to cover the basic needs and expenses of their children.
All relevant issues must be addressed, and the resolutions for each will be included in the final divorce order.
Even if spouses file with all requirements met from the start, they will still need to wait at least 60 days before the court can finalize the divorce.
Uncontested and Contested Divorces
A divorce is uncontested when spouses start the process in agreement on all issues, including no-fault grounds for divorce and how to resolve property, financial, and child-related matters. On the other hand, if spouses disagree on one or more issues, the divorce is considered to be contested.
Even spouses who are not getting along may be able to compromise to enjoy the benefits of an uncontested divorce. Such benefits might include:
● Saving time, money, and stress
● Being in a better position to work together and co-parent in a healthy manner
Even if you plan to file for an uncontested divorce, you should still always seek help from a Leander divorce attorney. There are still requirements, and hiccups can arise that might jeopardize or extend your case, so you want the right legal representation in this type of divorce case.
On the other hand, contested divorces generally have many additional steps, as you will need to resolve the issues on which you disagree. First, if it is a fault-based divorce, the spouse who filed will need to prove the stated grounds in court. This can be a complicated and highly personal matter.
If you and your spouse disagree on child custody, property division, or similar issues, there are ways the right attorney can help you resolve these so you can move forward with your case. Options include:
● Informal negotiation with your spouse’s attorney
● Divorce mediation
Litigation requires you and your spouse to present your arguments to the court, and the judge will then rule on the matter, meaning the outcome is out of your hands. We aim for out-of-court agreements whenever possible, though we are fully prepared to represent your rights in litigation when needed.
Contact Our Leander, TX, Divorce Attorneys for More Information
The Jackson Law Firm handles all types of divorce cases, including uncontested or contested, and cases involving relatively simple or complex circumstances. If you are considering divorce in the Leander area, look no further than our legal team to stand up for your rights and help you through the process. Contact us online or call (512) 528-1900 for a consultation today.