Essential knowledge to have prior to Filing for Divorce in Texas
If you are taking the time to read a blog post with the above title, it’s
safe to say that you are either considering filing for divorce or you
divorce paperwork in your hands that has just been delivered to you from your spouse. This
is not an easy time. This is not a fun time.
This is also not a time for you to sit on your heels and think that the
situation will solve itself without any action or knowledge on your part.
Hiring an experienced family law attorney, like those at the Law Office
of Bryan Fagan, is a good place to start.
There is no substitute for basic knowledge of the process that you are
about to enter into. The purpose of this blog post is to offer a little
know-how as to what to expect and how to best handle your affairs during a
divorce in Texas .
Filing for Divorce – No Reason is Necessary
For starters, it is not necessary to have a specific reason as to why you
are filing for divorce. Texas is a “no fault” State, and as
a result you do not have to prove to a judge that your spouse did anything
wrong to you or your family in order to have a divorce request ultimately granted.
Most divorces that the Law Office of Bryan Fagan handles are granted on
grounds of discord or conflict of personalities- meaning that the parties
just couldn’t get along with one another.
Standing Orders or Temporary Orders
Next- depending on what county you file for divorce in- the Court will
either implement what are called Standing Orders or the parties will need
to have Temporary Orders installed.
A Standing Order are orders from the Court that go into effect upon the
filing of the divorce.
Their purpose is not to create new scenarios for the parties to deal with,
but rather to “maintain the status quo.” Basically, the counties
that have these standing orders seek to avoid one or both parties from:
cutting off access for the other spouse to bank accounts (or closing them
cancelling insurance agreements,
removing the children from school or daycare or
denying access for the other spouse to their vehicle or residence.
If the parties to a divorce cannot agree on the terms that will govern
them during their divorce, commonly known as
Temporary Orders , the spouses and their attorneys will head to Court where a judge will
make the decision(s) for them.
Subjects that are covered in a temporary orders hearings are akin to those
who is going to live in the marital home,
who is going to care for the children primarily and
who will determine their primary residence,
a visitation and possession schedule for the children,
child support and
who will pay what bills.
If you’re the spouse who was the primary bread winner and bill payor,
it is likely that you will retain that role for the duration of the divorce.
In the same manner, if you were the parent who was used to getting the
kids out of bed each morning and into bed each night, you have a good
chance at being named the primary conservator for the children in Temporary Orders.
Prior to heading to court under any circumstances, it is likely that mediation
will be attempted. For those that do not know what
mediation is, it can best be described as the parties involving a third party, independent
attorney to help resolve whatever issues are in play.
The parties will mutually agree on a mediator then typically they and their
lawyers will go to that mediator’s office to attempt to forge a
resolution. The mediator will act as a go-between for the divorcing spouses-
ping-ponging from the Husband’s room to the Wife’s room and
vice versa to communicate settlement officers and troubleshoot the issues
with them in a friendlier and more inviting atmosphere than a district
or county court room.
In fact, mediation is so effective at resolving disputes and cutting down
on costs associated with divorces that many counties in the State of Texas
require mediation before ever heading to Court. If child custody is an
issue then it is the norm in Southeast Texas courts to go to mediation
to attempt am amicable resolution.
Texas is a Community Property State
As far as property is concerned, Texas is a community property State. This
means that all property that is earned during a marriage in Texas has
the presumption of being part of the community estate.
Income from your job, investment income, retirement contributions and real
property bought and the equity earned on a property during the marriage
is considered community in nature. This
community property is subject to division by the Court.
If you own any property that you consider to be separate property (meaning
that you don’t think your spouse has a right to claim any portion
of it), you will have to prove by clear and convincing evidence that this
property is in fact your separate property.
This is commonly done by a method called “tracing”. Tracing
involves going through the history of how you came to have an interest
in any given piece of property and determining if that history involves
Examples of those property items that are considered separate property
under Texas law are:
gifts made specifically to one spouse during the marriage or
an inheritance acquired by one spouse
Property owned by one spouse prior to the marriage.
While each divorce has its own unique identifiers and characteristics,
the above pieces of information will assist any person who is about to
enter into a divorce. Being able to know what to expect and having the
ability to handle the day to day stresses are different matters, however.
To best handle a divorce and to protect your rights effectively requires
experienced and knowledgeable representation. The
Houston Divorce attorneys with the Law Office of Bryan Fagan offer clients a wide breadth of specific
legal experience in Texas family law. Our office prides itself on strong
advocacy and a client first attitude. Please contact our office today
with any legal questions you may have in order to learn more about how
we can assist you.
If you want to know more about what you can do,
CLICK the button below to get your
“16 Steps to Help You Plan & Prepare for Your Texas Divorce ”
Other Articles you may be interested in:
Roadmap of Basic Divorce Procedure in Texas
How Can I Get My Spouse to Pay My Attorney’s Fees in a Texas Divorce?
How am I going to Pay for My Texas Divorce?
Should I Hide Money from my Spouse to Get Ready for my Texas Divorce?
7 Important Ways to Financially Prepare for Your Texas Divorce
6 Tips – On How to prepare for a Texas Divorce
What are the Steps of a Contested Texas Divorce, and How can I Prepare for Them?
Can I get child support while my Texas divorce is pending?
6 Mistakes that can Destroy Your Texas Divorce Case
6 things You Need to Know Before You File for Divorce in Texas
Law Office of Bryan Fagan | Spring Divorce Lawyers
The Law Office of Bryan Fagan routinely handles matters that affect children
and families. If you have questions regarding
divorce , it’s important to speak with one of our
Spring , TX Divorce Lawyers right away to protect your rights.
d ivorce lawyers in Spring TX are skilled at listening to your goals during this trying process and
developing a strategy to meet those goals.
Contact Law Office of Bryan Fagan by calling (281) 810-9760 or submit your contact information in our online
form. The Law Office of Bryan Fagan handles
Divorce cases in Spring, Texas ,
The Woodlands , the FM 1960 area, or surrounding areas, including
Harris County ,
Montgomery County ,
Chambers County ,
Galveston County ,
Brazoria County ,
Fort Bend County and
This was originally posted at http://www.bryanfagan.com/Family-Law-Blog/2017/May/Essential-knowledge-to-have-prior-to-Filing-for-.aspx by Evan Hochschild
The post Essential knowledge to have prior to Filing for Divorce in Texas appeared first on Texas Divorce and Family Law Blog .