Divorce is a pivotal moment, filled with emotional upheaval and crucial decisions that shape your future. Understanding the legal landscape is key to making informed choices.
At Turner-Monahan, PLLC, we’ve been guiding families with compassion and expertise through these moments for decades.
This article delves into five critical questions you should ask your divorce lawyer, shedding light on the legal nuances specific to Texas, to help you through this significant transition.For personalized advice, please contact Attorney Tyler Monahan, partner at Turner-Monahan, PLLC, to discuss your case.
1. What Grounds for Divorce Does Texas Recognize?
Texas Family Code Section 6.001–6.007 outlines the grounds for divorce, which include insupportability, cruelty, adultery, conviction of a felony, abandonment, living apart, and confinement in a mental hospital.
Insupportability, which refers to a marriage that has become untenable due to discord or conflict of personalities, is the most common ground for no-fault divorce. Understanding these grounds is crucial, as they can affect the divorce process, including the division of assets and custody arrangements.
2. How Is Property Divided in a Texas Divorce?
Under Texas Family Code Section 7.001, Texas follows the community property principle, meaning that most property acquired by either spouse during the marriage is considered community property and should be divided in a manner that the court deems “just and right.”
It’s essential to distinguish between community and separate property (property acquired before the marriage, through inheritance, or as a gift), as separate property is not subject to division. Navigating these distinctions can be complex, and a skilled attorney can help ensure a fair division of assets.
3. How Does Texas Determine Child Custody and Support?
Child custody (referred to as “conservatorship” in Texas) and support are determined based on the best interests of the child, as per Texas Family Code Section 153.002 and Section 154.001. Factors considered include the child’s physical and emotional needs, each parent’s ability to care for the child, and any history of family violence.
Conservatorship can be joint (where both parents share rights and duties) or sole (where one parent has exclusive rights). Child support calculations are based on the non-custodial parent’s income and the number of children, among other factors.
4. How Long Does a Divorce Take in Texas?
The duration of a divorce in Texas can vary significantly, influenced by factors such as the grounds for divorce, whether the divorce is contested, and the complexity of asset division and child custody arrangements. Texas law requires a minimum waiting period of 60 days from the filing of the petition for divorce (Texas Family Code Section 6.702), but most divorces take longer, especially if they go to trial.
5. Can Spousal Support Be Granted in a Texas Divorce?
Texas allows for spousal support under certain conditions, as outlined in Texas Family Code Section 8.051. Spousal support may be considered if the spouse seeking support will lack sufficient property to provide for their basic needs post-divorce and meets one of the following criteria: a disability, custody of a child with special needs, a marriage lasting 10 years or longer, or a history of family violence. The amount and duration of support are subject to statutory guidelines.
Other Essential Questions to Ask
Beyond the critical topics of divorce grounds, property division, child custody, process duration, and spousal support, several other questions can provide deeper insights into your case and help you better prepare for what lies ahead. These questions can uncover nuances of your situation, ensuring you and your attorney cover all bases. Addressing these areas will enhance your understanding and equip you with the knowledge to navigate your divorce with confidence.
Additional Questions to Consider:
- How does the court determine who gets custody of the pets?
- Can I modify child custody or support orders after the divorce is final?
- What happens if my spouse does not comply with the divorce decree?
- How is debt divided in a Texas divorce?
- Are there any specific considerations for military divorces in Texas?
- How does adultery impact spousal support and property division?
- What is the process for an uncontested divorce, and how long does it typically take?
- Can grandparents be granted visitation rights?
Each of these questions touches on important aspects of the divorce process, from post-divorce modifications and enforcement issues to the specific treatment of debts and unique considerations for military families. Understanding these areas will help you grasp the full scope of what your divorce entails and how Texas law may impact various aspects of your post-divorce life.
Engaging in a comprehensive discussion with your lawyer about these topics will ensure you’re well-prepared and informed, allowing you to make decisions that align with your best interests and those of your family.
Discuss Your Case With Turner Monahan, PLLC
Going through a divorce is more than a legal procedure; it’s a life-altering event that demands sensitive and skilled guidance. Turner-Monahan, PLLC, stands out for its dedication to serving clients with empathy, integrity, and a thorough understanding of Texas family law.
Whether you’re facing divorce, custody, or spousal support issues, we’re here to help. Schedule a free, no-obligation consultation with attorney Tyler Monahan to discuss the details.
Disclaimer
The commentary and opinions are for informational and educational purposes only and not to provide legal advice. You should contact an attorney in your state to obtain legal advice concerning any particular issue or problem. You can become a client and enter the attorney-client privilege only after hiring Turner-Monahan, PPLC, by signing a written retainer agreement.
