Divorce in Texas: An Overview
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Why choose Menduni Martindill, PLLC?
Attorney Menduni is Board Certified in family law by the Texas Board of Legal Specialization. While there are more than 70,000 licensed attorneys in Texas, only 7,000 are recognized as Board Certified specialists. This means that only 10% of practicing trial attorneys in the state of Texas have achieved this level of expert legal specialization!
Learn More About Why You Should Hire Menduni Martindill, PLLC.
If you are contemplating divorce, you probably have a number of questions. At Menduni Martindill, PLLC, our Austin divorce lawyers are committed to easing the stress of divorce and always putting our clients' best interests first. Whether you anticipate a contested or an uncontested divorce, it is vital that you become thoroughly informed on the Texas divorce process as early as possible. This way, your rights can be adequately protected.
About Your Rights & Options
If your family-related legal matter requires immediate legal attention, do not wait to get the compassionate counsel your family deserves at this time. Menduni Martindill, PLLC has helped countless families in the Austin, Texas area and we can provide you with effective counsel that can help bring about the best possible outcome.
When a couple wants to spend time apart or dissolve their marriage, their options are: seek an annulment, or file for divorce. Texas does not recognize legal separation; therefore, in order to end a marriage, the couple must file for divorce.
An annulment voids a marriage on the premise that it was never valid to begin with. In Texas, a marriage can be annulled under these grounds:
- A party was under 18
- Mental incapacity
- A party was under the influence of drugs or alcohol
- Married under duress
- Marriage fraud
- Married a blood relative
- Already married to someone else
Factors Involved in a Divorce in Texas
Residency Requirements: In order to file for divorce, you or your spouse must have lived in Texas for at least six months before filing, and one of you must have been a resident of the county where you wish to file for 90 days.
Grounds for Divorce: Texas allows fault and no-fault divorce, however, people rarely file under "fault-based" grounds as it requires proof that the at-fault party's wrongful conduct caused the divorce. Though rarely used, Texas' fault-based grounds include: adultery, abandonment for at least a year, cruel treatment, a felony conviction, and three years confinement in a mental institution.
Property Division: Texas is a "community property" state, meaning all property acquired during the course of the marriage is presumed to be marital property. On the other hand, separate property is property acquired before the marriage, or property acquired during the marriage through a gift or inheritance. Separate property remains separate. Community property and debt are divided in a manner that the judge sees fit, not necessarily meaning equal.
Spousal Maintenance: A judge may order spousal maintenance, and the amounts and time will vary depending upon how many years the couple was married. If it is ordered, it is as enforceable as child support and failure to pay can result in fines and incarceration.
Parenting Plans: Divorcing parents are required to draft parenting plans, which addresses conservatorship rights, visitation, child support, and other relevant issues. It is ideal for parents to reach such agreements on their own and put together a parenting plan. When this is impossible, a judge will ultimately decide based on what is in the best interests of the children.
Contact our Austin divorce attorneys for help at (888) 510-3779 today!
Menduni Martindill, PLLC can carefully analyze the details of your situation and explain what you should do next, and what steps will advance your short and long-term goals. We fully understand that divorce is stressful and the outcome uncertain. With our help, we will arm you with the knowledge you need to make the right choices in a timely manner.
Contact our Austin divorce firm to schedule your initial consultation. If you prefer, fill out the case consultation form below and our helpful team will return your inquiry shortly.