Divorce is the legal termination of a marriage. In a divorce, spouses must work together to resolve significant marital issues or ask the court to make these decisions.
The emotional pressure and stress of a divorce can cause decision-making to become overwhelming. If you are facing a Plano divorce, know you do not have to navigate the process alone.
An experienced Plano divorce attorney at the Law Offices of Lisa G. Garza, P.C., can help. Call 214-373-6556 today to learn more.
Why Choose the Plano Divorce Lawyers at Law Offices of Lisa G. Garza, P.C.?
At the Law Offices of Lisa G. Garza, P.C., we understand the impact divorce can have on you now and in the future. Divorce is unique to each individual. Our Plano family law attorneys personalize your representation to fit your needs.
Rest assured, Attorney Lisa Garza will provide you with legal counsel you can rely on. Attorney Garza has practiced family law in Texas for more than 25 years and is Board Certified in Family Law by the Texas Board of Legal Specialization.
How an Experienced Plano Divorce Attorney Can Help
An experienced Plano divorce attorney, like Attorney Lisa Garza, does more than answer your questions about the divorce process. They ensure you understand Texas family law and how it will affect you as you make vital divorce decisions.
When you retain an experienced divorce attorney, they are your advocate throughout your divorce and protect your legal rights. Your Plano divorce attorney may do any of the following and more:
- Correctly prepare and file your court documents
- Work with you to fairly resolve marital asset and debt division
- Identify whether your case qualifies for spousal maintenance
- Accurately calculate any child support obligation
- Prepare a parenting plan that fits your needs as well as your children’s schedules
- Negotiate, mediate, or resolve your divorce through alternative dispute resolution
- Represent you in a divorce trial
Not only can a divorce attorney reduce your anxiety, they can save you time and money. An experienced attorney will keep you from making or repeating clerical and legal errors that increase the length and expense of securing a divorce.
Who Can Legally File for Divorce in Texas?
A spouse can file for a divorce in Texas if:
- They have lived in the state for at least the last six months; or
- Their spouse has lived in the state for at least the last six months; and
- They have lived in the county in which they file for at least 90 days prior to filing; or
- Their spouse has lived in the county where the divorce is filed for at least 90 days before filing.
The spouse who files for divorce may take advantage of filing first and file the divorce documents in a convenient location.
Is Texas a No-Fault Divorce State?
Texas does offer a no-fault ground for divorce. In a no-fault divorce, neither spouse must blame or hold the other responsible for the breakup of the marriage.
Texas allows spouses to cite “irreconcilable differences” or “insupportability” of the marriage as grounds for a divorce. The court does not consider spousal actions when dividing property or assets in a no-fault divorce.
Texas has Fault-Based Grounds for Divorce
Texas has fault-based grounds for divorce. A spouse who files a fault-based divorce must prove their grounds in court.
The following are fault-based grounds for divorce in Texas:
- Cruelty
- Felony conviction and imprisonment of a year or more
- Abandonment
- Mental confinement of a minimum of three years
- Living apart for three or more consecutive years
- Adultery
Fault-based divorces are typically more costly and time-consuming. However, proving fault can significantly impact the division of marital property.
Uncontested and Contested Divorce in Texas
The Texas legal system does not formally recognize the terms uncontested and contested when referring to a divorce. Colloquially, the term uncontested divorce is a divorce in which the spouses agree on every issue.
A divorce is contested when the spouses disagree on one or more issues.
Divorce Issues in Texas
Specific issues must be resolved before a Texas court finalizes a divorce.
These are as follows:
- The division of marital property. Texas is a community property state, meaning marital property is owned equally by both spouses. Marital property is to be divided as equally as possible upon divorce, as are marital debts.
- Child custody and visitation. Child custody and visitation are called conservatorship and possession and access in Texas. The court makes child custody rulings based on the best interest of the child(ren) involved.
- Child support. Texas has statutory guidelines for setting child support payments. These are typically applicable to the non-custodial parent and are calculated by income percentage.
- Spousal maintenance. Not all divorces qualify for spousal maintenance. The court will consider a request for spousal maintenance if made by a spouse.
The above matters may be ruled on by the court or agreed to outside of litigation by the parties and their attorneys. An experienced family law attorney can suggest alternatives to a divorce trial.
How Long is the Divorce Process in Texas?
A divorce officially begins when one spouse files divorce documents. That spouse is called the Petitioner. Those documents are served on the other spouse or Respondent.
There is a 60-day waiting period for a divorce in Texas. It begins on the day after the Petitioner files the divorce documents. There are exceptions to the 60-day waiting period for family violence and military deployment.
Spouses who can reach an agreement within the 60-day waiting period may prepare and sign divorce documents. Then, they may present these documents at the end of the waiting period for the court’s approval and filing.
Otherwise, spouses may continue through the divorce process.
This may include any of the following:
- Temporary orders
- Discovery (formal evidence-gathering)
- Negotiations
- Mediation
- Pre-trial
- Trial
Most divorces settle at some point during or after the discovery process. A divorce settlement can drastically reduce the time, money, and emotional consequences of a trial.
Contact an Experienced Plano Divorce Attorney Today
Do not let the legal details of divorce weigh you down. Get help today from the Law Offices of Lisa G. Garza, P.C. Our legal team wants to guide and stand beside you throughout the divorce process.
Attorney Lisa Garza can address your divorce goals and concerns and develop a plan that meets your circumstances. Call or contact our Plano divorce lawyers online now to schedule your confidential consultation.