5 Facts You Must Know About Divorce in Texas

If you have decided to get divorced, no matter what your reason is, you should know that you are not alone. 

Divorce is quite common in Texas, definitely more common than you think. An estimate of 75,000 people gets divorced in Texas every year with January being the month with the most number of divorce cases. 40-50% of first marriages also end up in divorce. 

Many divorce lawyers in Texas open up the New Year with piles up divorce cases from couples who spent the holiday together and then decided to get divorced for one reason or the other.

There some important things to take note of if you are filing for divorce in Texas. Let us look at them. 

1. Legal Separation is not recognized 

Unlike some other climes where legal separation is possible or acceptable, Texas simply accepts divorce and nothing else.

What this means is that if you don’t get an official divorce you will still be under the community property law. In such a case, whatever you or your spouse acquires belongs to you both regardless of who bought it. You are also expected to share debt as well.

The only way to get out of this is to get divorced. 

2. No-fault Divorce is applicable 

In Texas a couple can choose to get divorced without proving a problem, wrongdoing, or fault that led to such decision. Texas No-fault law can allow divorce simply because one or both parties want it. 

The judge might put fault and misconduct into consideration when dividing marital properties between both parties. 

3. The Divorce Process takes time

There is no such thing as a quick divorce in Texas; it is a lengthy process that could take as long as 1 year to get finalized.

Under Texas law, divorce is not final until 60 days after a petition is filed in the quickest cases. 

Generally, it could take anywhere from 6 months to 1 year and this is mostly based on the nature of the divorce and severity of the conflict. 

4. You need an Attorney 

Filing for divorce in Texas and going through the proceedings is not something you do on your own. It is a complicated case that requires expertise. 

Although you can represent yourself in your divorce suit, it is not advisable for many reasons.

Firstly, you might lack the knowledge of the entire legal process that an attorney would have amassed from studies and experience. It can also prove difficult to defend yourself properly when you become emotional over your case which is a common occurrence.

You would need a lawyer, who will remain level-headed, promote your best interest during the case, save you time and stress, and also know how to use divorce laws appropriately for your benefit.

According to a divorce lawyer Sugar Land TX, an attorney can communicate your wants and needs properly while navigating through the tenets of the legal system. 

5. The divorce process in Texas should not be expensive

Divorce costs typically run between $15,000 to $30,000 on average and could be more in some cases. Legal fees are what take the chunk of these funds but this can be reduced. 

In Texas you are eligible for legal protection plans that help you spend less.