Divorce is commonly one of the most stressful processes for those involved. This is especially true for couples who have minor children and/or large or complicated marital estates. When you get a divorce in Texas, you will need a divorce lawyer because when you legally end your marriage, many issues must be resolved before the process can be finalized.
Your divorce lawyer can help you get the best possible outcome when resolving:
- Matters of custody of children
- Assignment of child support and spousal support
- The division of marital property and debts
At Bastine Law Group, our experience advising and representing clients in divorce includes a full spectrum of divorce settlements negotiated outside of the courtroom as well as intensive litigation in court. Some couples agree on terms relatively easily. Others raise disputes that involve intricate litigation where intense disagreements regarding child custody and property division erupt.
BASICS OF DIVORCE IN TEXAS
Texas provides a no-fault option for divorce in Texas based on “insupportability.” This means that you no longer wish to remain married because of differences or disagreements that you and your spouse cannot resolve. In a no-fault divorce, neither you nor your spouse must prove any type of marital misconduct in court. This means your divorce can proceed much faster. However, if you and your spouse can’t come to an agreement on the terms, your divorce in Texas will take as long as necessary. Even with the best divorce lawyers, you must resolve your disagreements at the settlement table, or you must litigate in court.
Texas also provides fault-based grounds for divorce in Texas; these must be proven in court. They include:
- Cruelty
- Adultery
- Abandonment
- Felony conviction with imprisonment
- Mental illness
If you and your spouse have lived separately and apart for at least three years without any cohabitation, you can also file for divorce in Texas without having to prove any type of fault.
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HOW MUCH DOES A DIVORCE LAWYER COST FOR A DIVORCE IN TEXAS?
The fees for filing papers requesting a divorce in Texas ranges from $250 to $350, depending on the county. Some counties also require parents to pay other fees such as a parent education course. In addition to the filing fees, court fees, and other fees, if you want to get a divorce in Texas, you should also consider the cost of your divorce lawyer. So, how much does a divorce lawyer cost?
The best divorce lawyers will be transparent in how they will bill you and will also be clear that the cost of your divorce in Texas will depend on several factors. The answer to, “How much does a divorce lawyer cost for a divorce in Texas,” will depend on the following:
- Whether you and your spouse have children who are minors
- Whether you have a family-owned business
- How complex your financial situation is
- Whether you have substantial marital assets
- Whether the divorce was filed on a fault-based ground
- Whether the divorce in Texas can be mediated or must go to trial
We could provide you with an average cost of divorce in Texas, but this average won’t demonstrate how much your divorce lawyer costs will be. Total costs associated with hiring a divorce lawyer for a divorce in Texas are highly individualized.
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RESIDENCY REQUIREMENTS FOR A DIVORCE IN TEXAS
To file for divorce in Texas, either you or your spouse must have lived in Texas for six months and have been a resident in the county where you file for the previous 90 days.
Texas also has a waiting period of 60 days from the date the divorce petition was filed before a divorce in Texas can be granted by the court- even with the best divorce lawyer.
SPOUSAL MAINTENANCE AFTER DIVORCE IN TEXAS
Spousal maintenance, also known as alimony, is not automatically granted in a Texas divorce. You can request temporary and more permanent maintenance but will need to show need and that your spouse has the resources to meet those needs. Maintenance is decided on a case-by-case basis based on the facts and circumstances presented to the court.
To be awarded alimony through a divorce in Texas, your judge will need to see one of the following conditions met:
- Your spouse committed family violence against you or your child at some point in the two years before filing or while your divorce is pending.
- You can’t earn a reasonable income because you have a mental or physical disability.
- You can’t earn a reasonable income for another reason, but you have been married for at least ten years.
- You will have custody of your shared child who requires a significant amount of supervision because of a disability, and it will prevent you from earning a reasonable income.