The divorce process is rarely straightforward and there are various aspects that are important to consider. Often, divorce can take a considerable toll both emotionally and financially. Vital factors such as business ownership, property division and child custody will typically need to be resolved.
Fortunately, there are ways to make the process easier for both spouses and children. One source of help may be to prepare and address concerns as early as possible. Outlined below are some of the more common questions about divorce in Texas.
What is the difference between contested and uncontested divorce?
Essentially, the fundamental distinction between a contested divorce and an uncontested divorce comes down to whether spouses can reach agreements on their own. A contested divorce will typically involve the courts playing a significant role in issues such as property division and child custody.
How will the marital property be divided?
Texas is classified as a community property jurisdiction. For the most part, this means that property acquired during the course of the marriage is jointly owned. As a result, it must be split accordingly.
There are also certain types of property that may be considered separate property. For example, assets that you obtained before the marriage as well as some gifts and inheritance. At times, the situation is more nuanced than this and the courts will need to carefully consider how property is to be divided.
Is there a waiting period for divorce in Texas?
In general, a divorce will have to be placed on file for a minimum period of 60 days. After this, the matter may be brought to a close. However, there are certain circumstances where the waiting period might be waived, such as where one spouse is in physical danger.
Answering some of the more common questions about divorce in Texas could make the divorce transition easier to cope with. As a spouse, it is also important to remember that you are legally protected throughout your divorce process.