What You Should Know If You’re Considering a Texas Divorce

Identifying your priorities early can help you work toward terms that support your goals and avoid turning every issue into a battle.

Considering a Texas divorce is a significant crossroads that requires careful navigation. While family, friends, coworkers, and even neighbors may offer strong opinions, only you can make this momentous decision. Proceeding with caution is always advised. 

If divorce is on your mind, it’s important to understand what it could mean for you and your children before making any decisions. Consulting with an experienced Texas divorce attorney is always recommended. It is possible to divorce without an attorney, but the guidance and support your attorney will offer can make a huge difference in your post-divorce future.

Formulate a Timeline

If you’re contemplating divorce, consider the Texas divorce timeline. If you and your spouse are on the same page and anticipate an uncontested divorce, the process could be completed in as few as 61 days—or within a few months—depending on the court’s schedule.

The State of Texas requires a 60-day cooling-off period between filing and finalization, making 61 days the absolute minimum—and only if all factors work in your favor.

Know the Requirements

To file for divorce in Texas, you must meet these eligibility criteria:

• Either spouse must have lived in Texas for at least six months before filing.
• You must file in the county where either spouse has lived for the past 90 days. If multiple counties apply, you can choose the most convenient.

If you’re unsure whether you meet the residency requirements to file, speak with a knowledgeable divorce lawyer for personalized guidance.

Don’t Underestimate Your Spouse’s Reaction

Even if you and your spouse agree on getting a divorce, emotions can shift quickly. Cases that begin amicably can spiral into conflict. Your financial and parental rights are at stake, making divorce inherently stressful and unpredictable.

When Divorce Gets Contentious

Sometimes, one spouse reacts very negatively to divorce and may attempt to make the process as difficult as possible—even at their own expense. While you may recognize warning signs, sometimes this behavior arises unexpectedly. If it appears your spouse is prepared to derail the process, heading straight to court may be your best option.

Divorce can often turn contentious, especially when children are involved. If you get involved in a full-on custody battle, it can drag out your divorce proceedings and raise your related legal fees.

If your case is likely to become high-conflict, it’s critical to have strong legal representation in your corner.

Understand No-Fault and Fault-Based Divorce

Most Texas divorces are no-fault divorces, meaning no one is legally blamed for the breakup. These divorces are typically resolved out of court and are generally uncontested, which means both parties agree on the terms with guidance from their attorneys.

In contrast, a fault-based divorce involves one spouse legally blaming the other for the marriage’s breakdown. Grounds for fault include adultery and cruelty. Proving fault can influence property division and other terms, but the process involves a court battle.

When a Fault-Based Divorce May Be Worth It

Seeking a fault-based divorce can be worth the effort, time, expense, and emotional upheaval under the following circumstances:

• When it could significantly affect property division
• When your spouse is already making the process difficult
• When it’s important to have the truth legally acknowledged

If you’re considering alleging fault in your divorce, meet with a lawyer to discuss whether it’s the right choice for your circumstances.

Clarify Your Divorce Priorities

If you’re unsure about divorce, it helps to evaluate how it could affect your life. Your attorney will help you anticipate the impact on your financial and parental future and prioritize what matters most—whether that’s staying in your home, primary custody of your children, or financial stability. (Learn more about how a family lawyer can help you in your case.)

Identifying your priorities early can help you work toward terms that support your goals and avoid turning every issue into a battle.

Keep Your Children at the Center

Divorce is difficult for everyone, but children are especially vulnerable. As you consider divorce, prioritize your relationship with your children and their well-being. Be prepared for the emotional adjustment of having them spend less time at home.

How Texas Courts Decide Custody

Child custody is based on the best interests of the children, often involving shared physical and legal custody. In an uncontested divorce, parents can decide on custody and visitation arrangements between themselves. However, if parents cannot agree on custody, the court will decide on their behalf. 

Courts consider these factors when making child custody decisions:

• The child’s age and needs
• Parental involvement and ability to care
• Mental and physical health of parents
• Co-parenting cooperation
• Domestic violence concerns

Stability matters. If your goal is to be the primary custodial parent and remain in the family home, avoid moving out during divorce proceedings.

Decision-Making Authority After Divorce

Legal custody involves decision-making for schooling, healthcare, religion, and activities. This authority can be shared, divided by category, or granted solely to one parent if appropriate.

Financial Considerations

Divorce often leads to financial strain. Before proceeding, consider your likely financial outlook.

Marital Property Division

Texas divides marital property fairly, though not always equally. Courts consider these factors when deciding on a division of marital property:

• Length of marriage
• Size of the estate
• Contributions of each spouse
• Earning potential
• Misconduct that affects the estate

Separate Property

Assets owned before marriage and kept separate remain individual property. However, intermingling assets complicates matters. Texas courts presume all assets are marital unless proven otherwise.

Alimony (Spousal Maintenance)

Alimony is not guaranteed. It applies when one spouse lacks the means to maintain their standard of living and the other can contribute. Alimony is often temporary and helps the recipient gain financial independence.

Get the Legal Guidance You Need

Divorce is complicated, but you don’t have to go through it alone. Brett Pritchard at The Law Office of Brett H. Pritchard is a seasoned Killeen divorce attorney who can help you understand what divorce may mean for you. Schedule your free consultation today by calling (254) 566–3358 or contacting us online.