At The Wright Firm, LLP, we handle family and divorce-related matters throughout Texas. Our divorce attorneys are skilled in all aspects of a divorce, including issues that affect minor children and the rights of both parents and grandparents, with a focus on child custody, complex property divisions, and divorce planning for people thinking about getting a divorce.
As experienced family lawyers, we understand that the divorce process can be exhausting for our clients emotionally, physically, and mentally. We support our clients by fighting for their interests and by making sure they know we are always there for them. E-mail our Texas divorce attorneys today with further questions about filing for divorce, community property, spousal maintenance/alimony, or to set an appointment with a divorce lawyer.
“Ah, yes, divorce, from the Latin word meaning to rip out a man’s [privates] through his wallet.”
– Robin Williams |
|
While no two cases are ever the same, here, for your reference, are answers to the questions we are most often asked by clients and potential clients:
- How long must I live in Texas before I can file a divorce here?
- We want to save money on attorney fees. Can one divorce lawyer represent both me and my spouse?
- How much is this going to cost me?
- I’ve heard that Texas is a community property state. What exactly does that mean?
- So, if everything is community property, does that mean we’ll just split everything 50-50?
- If I can prove my soon-to-be-ex cheated, will I get everything?
- What are grounds for divorce in Texas?
- How long will the process take?
- Does Texas have alimony?
- What options do I have besides going to trial?
| How long must I live in Texas before I can file a divorce here? |
Answer: Either you or your spouse must have been domiciled in Texas for 6 months or more before filing for divorce in Texas. To file for divorce in a particular county in Texas, you or your spouse must also have been a resident of that county for 90 days or more before filing there.
Return To Top
| We want to save money on attorney fees. Can one divorce lawyer represent both me and my spouse? |
Answer: NO! For the attorney, this would create a “conflict of interest” which could lead (worst case scenario) to the attorney losing his or her law license. For you, the client, it would mean that the attorney’s loyalty is divided between you and your spouse. What would happen if, for example, you both want to be awarded your house in your divorce decree? Which client would the attorney fight for – you or your spouse? We at The Wright Firm recommend that each spouse gets his or her own divorce lawyer.
Return To Top
| How much is this going to cost me? |
Answer: That depends. Many things factor into how much a divorce case ends up costing you. Cases with children involved are generally more expensive than those without children. Cases that involved splitting up a large amount of property, or that involve detailed financial tracking also tend to be more expensive. Of course, the longer a divorce drags out, the more expensive it will be.
Something you, the client, can do to reduce the cost of your divorce is to come to an agreement with your spouse as to how to divide up your property and what arrangement you want for custody of your children [child custody faq page]. This does not mean that either one of you should “give up” or “give in” – just try to put aside your differences and find a solution that will work for both of you. The Wright Firm is now offering a special “No-Frills Texas Divorce” [link to No-Frills site] program for clients who are seeking an uncontested (agreed) divorce.
Return To Top
| I’ve heard that Texas is a community property state. What exactly does that mean? |
Answer: Generally speaking, to say that Texas is a “community property” state means that under Texas law, most of the property you acquire and money you earn while you are married is owned together by the husband and wife, regardless of who paid for what or who’s salary it is. When you get a divorce, it is only the community property (the things you both own together) that the divorce court can divvy up. Anything that you owned before the day you got married is “separate property” and the divorce court cannot divide it.
For a more detailed discussion of community property law, take a look at “The Wright Financial Guide to a Texas Divorce,” [link to Splitsville] or call (940) 387-5300 The Wright Firm to speak with one of our attorneys.
Return To Top
| So, if everything is community property, does that mean we’ll just split everything 50-50? |
Answer: Not necessarily. If the Court is dividing your property, the judge will make a decision on who-gets-what based on what that judge believes to be “just and right”. That may or may not be a 50-50 split. The judge will look at a wide variety of factors including how much money each of you is capable of making, who was awarded custody of the children, how your amount of separate property compares to your soon-to-be-ex’s, the nature of the property to be divided, any fault in the breakup of the marriage, and so on.
Return To Top
| If I can prove my soon-to-be-ex cheated, will I get everything? |
Answer: No. There is no one individual thing you can show the court that will tip the scales completely in your favor. The court will look at ALL factors and circumstances and weigh everything in the balance.
Return To Top
| What are grounds for divorce in Texas? |
Answer: The most commonly used “ground” for divorce is insupportability. This is the no-fault ground for divorce in Texas. The fault-based grounds for divorce include: cruelty, adultery, confinement in a mental hospital, felony conviction, abandonment and living apart.
Return To Top
| How long will the process take? |
Answer: The absolute minimum is 60 days. A divorce must be on file for 60 days before it can be finalized – even if the divorce is uncontested. Some divorces take a few months to finalize, some take years. The time it takes to make a divorce final is largely determined by how much the spouses are fighting each other. If every single point in your divorce is a point of argument, then you will be in court for quite a while.
Return To Top
Answer: Sort of. Texas does not have statutory alimony, but we do have “spousal maintenance.” It is very difficult to qualify for post-divorce spousal maintenance, and it is rarely awarded by the Court. Even if maintenance is awarded, the payment can only be required AT MOST for three years.
Texas law does, however, allow divorcing spouses to agree to contractual alimony. This means that the court has not ordered you to pay alimony to your spouse, but instead you have agreed to make the alimony payments. This is generally done for income tax reasons, as contractual alimony must be included as income on their tax return by the person who receives it, and is deductible for the person who pays it.
For a more detailed discussion of alimony in Texas, take a look at “The Wright Financial Guide to a Texas Divorce.”
Return To Top
| What options do I have besides going to trial? |
Answer: Most divorces never make it to a full trial. Cases may settle by the attorneys negotiating directly with each other. Other cases may settle through mediation, which is a negotiation through a neutral third-party. Mediators do not “decide” cases, but rather act as a go-between to help the parties come to an agreement. Some cases go to arbitration which is similar to a trial with a judge, but much less formal. Unlike a mediator, an arbitrator’s decision is final – more like a judge’s.
The Wright Firm, L.L.P is now offering mediation services. For more information on having The Wright Firm mediate your case, email or call us today!
Another, somewhat newer, option is Collaborative Law. This is a process in which the parties and their attorneys make a binding promise to do everything they can to reach a settlement agreement – if no settlement is reached, the attorneys must quit the case, and the parties must go to trial with new attorneys.
Return To Top
Contact The Wright Firm today at (940) 387-5300
to set your first appointment!
The Wright Firm provides skilled representation to family law clients throughout the Denton, Texas, region, including the cities of Dallas, Plano, Frisco, Arlington, Richardson, Flower Mound, Carrollton, Corinth, Allen, McKinney, Garland, and Dallas County, Denton County, Collin County, and Tarrant County. |
