Skillfully Guiding You Through A Texas Divorce
Divorce can be one of life’s most stressful events, combining legal complexities with emotional turmoil. The process can be incredibly confusing and intimidating if you have children or have a high net worth. However, having innovative and trusted legal representation can help relieve your stress.
At Osborn Law Firm, P.C., in Taylor, Texas, we bring compassion and clarity when you need it most. With over 20 years of combined experience, our lawyers understand what you’re going through. We’re here to protect your rights and future.
What Is Divorce In Texas?
When people get married in Texas, it’s not just a religious ceremony. They have to sign the marriage certificate, which will then be filed with the state, officially registering them as a couple in the eyes of the law. Witnesses do not need to sign under Texas law, but the officiant of the ceremony does.
Divorce, then, is the legal process by which couples can dissolve their marriage and break that legal union. It is their way of officially separating their lives so that the law no longer sees them as a couple. The divorce process also gives them a chance to address key areas like:
- Dividing decision-making abilities and legal custody of shared children
- Splitting up parenting time and physical custody of those children
- Dividing marital assets and debts under community property laws
- Establishing any obligations for child or spousal support
Since divorce is a legal process, the court has to sign off on the divorce agreement or issue a direct court order. If the parents cannot decide how to split up custody time, for instance, the court issues a child custody order. They can also issue orders for spousal support or child support. After the divorce order is issued, the law views the former couple as two individuals with their own legal rights and options.
What Are The Grounds For Filing For Divorce In Texas?
Texas uses no-fault divorce laws. This means that neither spouse needs to claim that the other was at fault for the divorce. That divorce can still be granted when they simply state that they have irreconcilable differences and would like a divorce. No specific reason beyond that is needed, and it does not matter who was at fault – or if no one was at fault.
That being said, you can file for divorce based on specific grounds. These include:
- A felony criminal conviction
- Cruelty beyond minor disputes
- Adultery or an extramarital affair
- Abandonment or extensive time living apart
- The insupportability of the marriage
- A stay in a mental hospital
Even when a fault isn’t required for a divorce, it can impact the outcome. A divorce based on a felony conviction can have a major impact on child custody rights.
Providing Experienced Assistance With All Divorce Issues
Divorce is the most common family law issue we address. But you and your spouse may need to resolve multiple issues, which can include:
- Child custody: Our priority is to advocate for arrangements that serve the best interests of your children.
- Child support: We help secure your children’s financial well-being.
- Spousal maintenance: We work to ensure that alimony is fair and appropriate, given the financial circumstances of each party.
- High net worth divorce: We handle the complexities of protecting your assets.
- Property division: Fair division of property is critical, and we fight for your fair share.
- Grey divorce: We address the unique concerns of divorcing later in life with sensitivity.
- Military divorce: We’re familiar with the nuances of military divorces and can navigate these challenges effectively.
- Modifications: Life changes, and so can your divorce decrees. We assist in making necessary adjustments.
Our team approach means we work collaboratively to develop creative and effective strategies. We will protect your rights and be by your side through every step.
Understanding The Divorce Process In Texas
The divorce process in Texas contains several elements. Our attorneys are committed to providing knowledgeable guidance for each of these stages:
- Filing a petition: This is the first step, where one spouse (the petitioner) files legal paperwork with the court to start the divorce process.
- Service of process: The petitioning spouse notifies the other spouse (the respondent) of the divorce petition, typically through a process server.
- Temporary orders: These orders can address immediate concerns like child custody, support and property use while the divorce is pending.
- Discovery: Both spouses exchange information and documents related to their finances, property and other relevant matters. This stage can include written questions, document requests and depositions.
If you and your spouse cannot agree on the terms of your divorce, we are here to protect your interests through:
- Negotiation: Spouses and their attorneys attempt to resolve their differences and reach a settlement agreement on various issues without going to court.
- Mediation: A neutral third-party mediator helps the spouses discuss and resolve disputes, aiming for a mutually acceptable agreement.
- Trial: If negotiation and mediation do not result in a settlement, the case will likely go to trial, where a judge will make the final decisions on all contested issues.
While we pursue peaceful solutions, we will aggressively advocate for your interests in court when necessary. After you and your spouse resolve all issues through agreement or trial, the court will issue a final divorce decree, legally ending the marriage.
Frequently Asked Questions About Divorce
Texas divorce laws can be complex and confusing. At Osborn Law Firm, P.C., we can help answer any questions our clients may have about divorce. Here are some questions we frequently hear:
How do I file for divorce?
You will need to file a petition in the district court where you live if you have resided in the same county for 90 days or longer and if you have lived in Texas for at least 6 months. The correct forms for this process will depend on what sort of property you own, whether you have minor children involved and whether or not there is an existing final custody order.
Once filed, your spouse must be served with the divorce petition either in person or by certified mail. At that point, your spouse has until 10:00 a.m. on the Monday after 20 days have passed to file a response.
How much does a divorce cost?
There is no one answer to this question. An uncontested divorce involving no property and no minor children, where you and your spouse agree on every aspect of the split, can be had for a few hundred dollars. A contested divorce with significant assets and minor children involved can cost thousands to settle. A consultation with an experienced attorney can help you better understand what your divorce may cost, given its unique considerations.
Why do I need a divorce attorney?
Having an attorney by your side during each step of your divorce can help to protect your interests. We can help negotiate asset distribution, child custody, child support, spousal support and other divorce matters.
Is Texas a fault or no-fault state for divorce?
Texas is a no-fault state, which means that a divorce can proceed based simply on the fact that one party believes that there are irreconcilable differences in the relationship with no reasonable chance of preserving the marriage.
Who will take the kids in a divorce?
Ideally, divorcing parents will put aside their differences and develop a parenting plan that prioritizes the needs of their children. However, when parents disagree, the court will make all decisions regarding possession and access to the children, although it is generally presumed that some involvement by both parents is best.
Contact Us Today For Skilled Legal Guidance
At Osborn Law Firm, P.C., our experienced divorce attorneys are dedicated to guiding you through each stage with personalized attention to ensure your rights and interests are well-represented.
Facing a divorce is hard, but you don’t have to do it alone. Call 512-524-9359 or email us to schedule a free consultation. We serve families and individuals in Williamson County and across Texas.