Family Law FAQ

Burleson Attorneys Serving Johnson County & Greater Fort Worth

Terminating a marriage is a difficult and emotional personal experience that is only complicated by the intersection of the law. While marriages are social unions and relationships, they are also in many ways a contractual agreement. As such, divorce proceedings often become a convoluted and overwhelming mixture of emotions and legal procedures. While working with experienced Burleson divorce lawyers from Coontz Cochran can save you a great deal of frustration, understanding the basic facts about divorce laws in Texas can ensure that you know how to effectively protect your rights.

In an effort to provide you with the factual and essential information you need to begin your divorce process, we have answered some of the most common questions we receive from our clients in the early stages of divorce.

Call (888) 858-0536 now to schedule your free consultation with Coontz Cochran. You can also contact our firm online.

How Long Does a Divorce Take?

The divorce process varies from case to case. While Texas imposes a minimum 60-day waiting period to complete the proceedings, there are many circumstantial factors that can affect the duration of a divorce. These factors can include whether or not a couple has children, whether or not the divorce is contested and how spousal support and property distribution matters are handled, among others.

It is imperative that anyone seeking a divorce understands that dissolving a marriage is not an overnight process. Having worked with hundreds of families and clients throughout the years, our firm understands the desire to resolve these matters quickly. This is why we work diligently to tackle any complications that arise and work to guide clients through their unique process as swiftly and successfully as possible.

What Are the Grounds for Divorce?

Texas permits both no-fault and at-fault divorces. A no-fault divorce means that no party is at fault nor guilty for the dissolution of a marriage. No-fault divorces are typically granted when a marriage has become insupportable due to conflict or when a couple has been living separately for three years or longer.

At-fault divorces, on the other hand, involve one partner blaming the other for marital misconduct. Common grounds for an at-fault divorce include adultery, abandonment, felony conviction and imprisonment, and others. Courts may consider the grounds for an at-fault divorce when handling additional family law matters, including child custody and visitation rights.

How Does Spousal Support Work?

Also referred to as alimony or spousal maintenance, spousal support is the financial support one partner is required to pay another after a divorce. When granted by a court, spousal support will allow the partner with a lower income to receive scheduled payments from the other. There are numerous eligibility requirements an individual must meet in order to obtain maintenance payments.

As there are also a number of extenuating circumstances that can affect alimony awards, it is recommended that you have an experienced Johnson County divorce lawyer personally evaluate your situation in order to determine how spousal support will be handled during your case.

How Does Property Division Work?

Texas law considers any property acquired by either spouse during a marriage to be community property owned equally by both partners. Courts typically divide property as a 50 - 50 split. If you believe you are entitled to keep separate property during your divorce, you must present clear and convincing evidence that your property or assets are not community property.

What Is Marital Property?

Marital property is any assets, income, property, or debts that a couple gained over the course of the marriage. It is considered jointly owned by both parties. 

What Is Considered Separate Property in a Marriage?

According to Texas law, separate property is any assets or property owned by one spouse prior to the marriage or gifts acquired while the couple was married. 

How Much Does a Divorce Cost in Texas?

The average cost of a divorce in Texas will vary based upon the complexity of the case and whether it is contested or not. For example, if the couple has children or can’t agree on the division of assets, the process will be lengthened which will incur further costs. 

What Is the Difference Between a Prenup and Postnup?

The primary difference between a prenuptial and postnuptial agreement is when the contract is made. Prenups are created prior to the marriage, while postnups can be created once the couple is married. 

However, it is important to note that both prenuptial and postnuptial agreements must be in writing, signed willingly by both parties, and have all information regarding assets and debt disclosed to be valid.

Can Child Support Be in a Prenuptial Agreement?

No, both child support and child custody cannot be included in a prenuptial agreement. 

Can a Child Choose Which Parent to Live With?

Texas does allow children who are 12 or older to provide their wishes to the court regarding custody. However, ultimately, it is up to the judges discretion based on what is in the child’s best interest. 

Do I Need a Divorce Attorney?

Representation is not a legal requirement during divorce proceedings. If you wish to complete divorce proceedings in a timely and successful manner, limit the potential of committing errors, and ensure that important family law matters are handled favorably, then working with qualified Burleson divorce attorneys is a wise decision. 

The fact of the matter is that divorce proceedings can be incredibly difficult. Filled with dense legal work, obscure legal concepts, and a number of procedural requirements, the process can be overwhelming for those who are also experiencing a number of personal and emotional strains.

More Questions? Contact Coontz Cochran Today.

The divorce process and its associated family law issues present an arduous and difficult legal procedure. While these frequently asked questions can provide you with a starting point to learn about divorce, it is strongly advised that you seek personalized attention from our firm.

If you have any additional questions, or if you would like to learn more about how we can help you with your divorce, call Coontz Cochran at (888) 858-0536.