Divorce in Texas isn’t like divorce in other states. While many of the aspects of Texas divorces are similar, there are unique aspects of marital dissolution in the “lone-star state” that you need to be aware of if you’re considering a divorce or are currently in the process of one.
1. You Might Not Get Alimony
There are a variety of things that could preclude you from getting alimony in Texas, including adultery, abandonment, or living apart for at least three years. If you were certain that alimony was a “sure thing” in your divorce, discuss your case with a skilled alimony attorney.
2. Joint Custody Doesn’t Automatically Mean Equal Time With Both Parents
If you are awarded joint custody, the court will create a time share schedule that allows you with “significant periods” of custody. This, however, does not mean that there will be equal time with both parents. What actually ends up being put on the time share schedule is a result of litigation.
3. Texas Is a “No-Fault” State
In Texas, you can receive a “no-fault” divorce, meaning that neither party has to be guilty of something in order to be granted a dissolution.
4. You’ll Have to Wait At Least 31 Days Before Marrying Again
State law decrees that neither party involved in a divorce can marry again until at least the 31st day after the divorce is finalized.
5. Legal Separation Doesn’t Exist in Texas
Texas does not have provisions set forth for “legal separation.” However, some temporary orders may be granted during the process of a divorce, especially in cases where it appears that the divorce will be lengthy. These temporary agreements can help divide property and award spousal support for the time period before the divorce becomes final.
6. If Your Child is 12 or Older, He/She Can Decide Who to Live With
In Texas, children who are age 12 or older can choose who they would rather live with in the case of a divorce. Essentially, this is done by the child filing the name of the person who they grant the right to decide their primary residence. It must be done in writing and is still subject to court approval.
Working With an Experienced Texas Divorce Attorney
Whether you are considering divorce or are already involved in an uncontested or contested divorce, it is in your best interest to discuss your case with a seasoned divorce lawyer in Texas. There are a variety of legal issues that can arise during a divorce, and you want to ensure that your rights are protected no matter what problems you face.
The Bourlon Law Firm offers affordable, flat-rate divorces, and will always be up front with you about your costs so you always know where you stand. Bobby Bourlon is well-versed in Texas divorce law, and can use his knowledge and expertise to increase the chances that each aspect of the separation is resolved in your favor. Don’t hesitate to get the legal advice you need at such an important time in your life. Contact us today for a consultation at (361) 289-6040.