When your marriage has broken down beyond any hope of reconciliation, you may recognize that the time has come to get divorced. While the end of your marriage can bring significant emotional strain and stress, you deserve to protect your rights and interests as you begin the next chapter of your life. A divorce attorney in San Marcos, TX, from the Law Office of Case J. Darwin can support you throughout your divorce and provide the guidance and advocacy you need to ensure the best future for yourself and your family. Contact us today for a free initial case evaluation to discuss how our firm can assist with your divorce.
Grounds for Divorce in Texas
In Texas, spouses may pursue a “no-fault” or “fault-based” divorce. A no-fault divorce means that neither spouse bears any blame for the dissolution of the marriage; instead, the spouse filing for divorce alleges that the marriage has irretrievably broken down with no reasonable prospect of reconciliation.
In a fault-based divorce, the spouse filing for divorce must allege that their spouse has caused the breakdown of the marriage due to one or more statutorily enumerated reasons, which include:
- Cruelty that renders living together untenable
- Adultery
- Conviction of a felony that results in a prison sentence of at least one year
- Abandonment lasting for at least one year
- Living apart without cohabitation for at least three years
- Confinement in a mental hospital for at least three years, and the committed spouse likely will not recover from their mental illness or will likely relapse after recovery
The Divorce Process in Texas
In many cases, the divorce process in Texas begins with initial negotiations between spouses when they recognize their marriage has ended. Spouses may negotiate between themselves, through legal counsel, or in mediation to reach a divorce settlement. Spouses who negotiate a settlement can ask the court to incorporate the terms of their agreement into the divorce decree.
A couple must file a divorce petition with the court to obtain a decree that legally ends their marriage. The petition, filed by one of the spouses, will name the spouses, state the grounds for divorce (no-fault/irreconcilability or one of the fault-based grounds), and raise any contested issues the spouse wants resolved by the court, such as property division, alimony/spousal support, or child custody/support. The spouse who filed the petition must serve a copy of the petition and the court summons on the other spouse, who can file an answer admitting or denying the grounds for divorce and raising other contested issues they want the court to resolve.
After a waiting period, the court will schedule a hearing to determine whether any contested issues remain. In most cases of an uncontested divorce, the court will grant the divorce decree at the first hearing. However, when couples have contested issues, the court will establish a case schedule to set deadlines for discovery (the exchange of information and documents), pre-trial motions, and trial. Courts frequently require couples with outstanding issues to attend mediation to try to resolve those issues to avoid the need for a trial.
How an Attorney from the Law Office of Case J. Darwin, Inc., Can Help
Hiring experienced legal counsel can make divorce much easier and less stressful. When you turn to the Law Office of Case J. Darwin to represent you, you can expect our team to:
- Gather documentation and other evidence needed to prepare your case.
- Explain your legal rights and options to you and prepare you for what to expect at each stage of the divorce process.
- Advocate for your interests during settlement negotiations and mediation.
- Prepare and file your court pleadings.
- Handle discovery requests, including gathering your financial information and requesting financial information from your spouse.
- Present a compelling case if your divorce goes to trial to fight for a favorable outcome for you.
Frequently Asked Questions About Divorce in Texas
Some of the top questions clients have about the divorce process in Texas include:
How long does it take to get a divorce?
At a minimum, the divorce process takes 60 days from the petition date, as Texas requires a “cooling off” period during which the trial court cannot grant a divorce decree. While the court may grant the divorce decree soon after the cooling-off period expires, many divorce cases will last longer than this 60-day period. The duration of a divorce case will depend on various factors, such as whether the parties pursue a no-fault or fault-based divorce, have a pre/post-nuptial agreement or divorce settlement in place before filing for divorce, or whether either spouse raises contested issues in the divorce petition or answer.
Can I get a divorce even though my spouse does not want to divorce?
In Texas, either spouse may file for a “no-fault” divorce, which means that the spouse filing for divorce believes that the marriage has irretrievably broken down with no prospect of reconciliation. Even if a spouse files for a fault-based divorce and the other spouse successfully disproves their alleged fault, the court can convert the divorce proceedings into a no-fault divorce. Ultimately, the court will not force a spouse to remain in a marriage even if the other spouse does not want the marriage to end.
Can my spouse and I negotiate a divorce settlement with the same attorney?
The same attorney cannot represent you and your spouse in negotiations over a pre/post-nuptial agreement or divorce settlement because that would mean the attorney has a conflict of interest and, therefore, cannot jointly represent you and your spouse under the rules of professional conduct governing attorneys. While an attorney can mediate settlement negotiations between you and your spouse, you must have separate legal representation.
Contact the Law Office of Case J. Darwin for Legal Advocacy in Your Divorce
When your marriage ends, you need experienced legal representation to protect your rights and interests in divorce and help you start the next chapter in your life on the right foot. Contact the Law Office of Case J. Darwin today for a confidential consultation to discuss your legal options with a knowledgeable Texas divorce lawyer.
