Texas Divorce Law - Divorce Process Summary
Get your Texas divorce and protect your family law interests according to Texas divorce law.
State Divorce Law Standards
Texas divorce law dictates the requirements, procedures and rights for obtaining a divorce in Texas and ultimately the way to obtain a final, certifiable Texas divorce record.
A Texas divorce can be simple or relatively complex. If there are no children of the marriage and minimal assets to be divided, ie a simple divorce, there is little need for extensive consultation with a Texas divorce lawyer.
If the spousal parties are in mutual agreement as to the main issues of the divorce, there are a multitude of resources, including Texas divorce forms, to file for and complete the process for a Texas divorce.
On the other hand, if there are extensive child custody and spousal support issues, combined with intertwined marital assets, it is important to get the advice of the best Texas divorce lawyer you can find/afford to avoid mistakes and protect personal assets. The best place to start looking for a good Texas divorce lawyer is by word of mouth from friends, family and associates.
Divorce Filing Time Table
If the Texas divorce is simple, there are some statutory time frames to keep in mind. One of the parties to the divorce must have resided in Texas at least 6 months prior to filing for a Texas divorce. There is a 90 day residence requirement in the Texas county where the divorce papers are filed. After the divorce papers are filed, there is a 60 day waiting period before a divorce may be granted.
Divorce mediation is encouraged in Texas. Either the divorce participants or a Texas divorce court can refer the divorce matter to mediation. A mediated divorce settlement is binding if signed by the parties, or their attorneys, and where the mediation agreement states that it is irrevocable. If at any time during the mediation, there appears to be a basis for reconciliation, the Texas divorce court can extend the divorce process for an additional 60 day period to allow for counseling.
Texas is a community property state which means that any property acquired during the marriage is deemed to be jointly owned by the parties and the court is obliged to divide such community property equitably, unless such a division would be unjust. The only criteria under Texas divorce law affecting the division of community property is the protection of the parties' rights and those of the children of the marriage.