Divorce & Family Law
When going through a divorce, finding the right divorce and family law attorney near you is crucial. Divorce can be a challenging journey, and no two divorces unfold the same way. Divorces can be frustrating, drawn out, expensive, and emotionally taxing. It is important to have an attorney that understands both the law and your goals throughout the divorce process.
The process involves finding a reputable divorce and family law attorney near you, filing a petition, notifying your spouse, and ultimately reaching a final decree, either through trial or agreement. Despite the seemingly straightforward nature, divorces are seldom simple. They often involve complexities like motions, hearings, discovery, and may require experts, mediation, or a final trial.
Throughout each step of the divorce process, careful consideration of costs and benefits is essential, and finding the “best family law lawyers near me” can make a significant difference. Your attorney must give deliberate thought to both the immediate impact of the divorce and your future beyond the case. Your local lawyer should advise also you on realistic expectations, financial costs, settlement offers, and uncertainties so that you are empowered to make the right decision. Because you will rely on the knowledge and advice of your attorney, you need counsel that you trust to help you navigate these decisions.
For the best divorce and family law services, trust Slav Law. Our knowledgeable attorneys will guide you through the complexities of divorce.
Divorce Timeline in Texas
One of the first questions a couple has when moving forward with a divorce is how long the divorce will take. As is often the case in any legal proceeding, the Texas Family Code outlines various dates and timelines parties must follow during a divorce. Some of the most important considerations include:
One of the parties in the divorce must be a “domiciliary of this state for the preceding six-month period.” Each state has its own domiciliary requirement for a divorce proceeding, which may lead to competing jurisdiction in some cases.
One of the parties in the divorce must be a “resident of the county in which the suit is filed for the preceding 90-day period.” This ensures the most appropriate venue for a divorce to take place, rather than moving to a county in bad faith and filing a petition for divorce.
After the district clerk approves the petition of the filing party, the Petitioner, must ensure personal service of the petition on the non-filing party, the Respondent. After the Respondent has been served with a petition for divorce, the Respondent has until “10:00 AM the Monday next following the expiration of 20 days after you were served” to file an answer. If they do not file an answer within that time period, a default judgement may be taken against them.
With a few uncommon exceptions, a petition for divorce must be on file for 60 days before a judge can sign a proposed decree.
Neither party to a divorce may remarry within 30 days of a divorce being finalized.
When dealing with the complexities of divorce, it's important to seek guidance from a knowledgeable family lawyer who specializes in family law. There is no one size fits all answer to how long a divorce will take. Some of the factors that most commonly affect the length of the process are the existence of children, the complexity and value of assets, the claims of the parties, the willingness of the parties to settle, and the caseload of the court. It’s not uncommon for adivorce to take six months to a year to complete.
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Divorce, a challenging process for any family, can sometimes unfold without major disputes over property or parenting plans. In such cases, opting for an uncontested divorce can save time and money. While procedurally similar to contested divorces, it offers a less disruptive path if both parties can agree on terms.
Representation by an attorney in an uncontested divorce is not mandatory, but parties should still choose legal assistance for document drafting and legal advice. . Divorce can have serious consequences on finances and the future of a family, and each spouse has their own interest to consider. It is important to carefully consider whether the parties have the exerpience and knowledge to understand what they are agreeing to in an uncontested divorce.
The initial step in a divorce, contested or uncontested, is filing an original petition for divorce with the district clerk of your county. Standard forms are available online through Texas Law Help, and additional resources, such as law libraries, may be accessible in some counties.
Once the petition has been filed with the appropriate filing fees and accepted by the district clerk, the filing party, called the Petitioner, serves the petition on the other spouse, the Respondent. The Respondent can sign a Waiver of Service acknowledging, among other things, that they are aware of the divorce or be personally served a citation by a private process server or constable.
Once these requirements are met, the petition for divorce must be on file 60 days before a final order can be issued. A judge will evaluate the terms of any proposed final order to ensure it comports with all of the legal requirements. If it does not, the judge cannot grant the divorce.
When dealing with family law matters such as divorce it's important to have a family lawyer for document drafting and guidance. While the process may seem straightforward, unexpected situations can arise. Hiring an attorney adds an extra layer of protection post-divorce.
Informal Marriage in Texas
Although Texas does not formally recognize common law marriage, Texas Family Code §2.401 recognizes informal marriage. Informal marriage can be established through two methods: First, the parties may complete a marriage application and file a declaration of informal marriage with their local county clerk. Second, an informal marriage can be established by proving that the parties made an agreement to be married, and after such agreement they represented themselves as married to others and lived in Texas.
The question of whether a couple was informally married is an issue of fact in a divorce proceeding. The party claiming that there was an informal marriage has the burden of proving these three elements:
An agreement to be married requires that the parties had a present, permeant, and immediate agreement to be married. This differs from an engagement, for example, which is a future agreement to be married.
A couple represents themselves to be married, also referred to as holding out to the public, by conducting themselves as a married couple. This includes referring to each other as spouses, establishing a reputation within the community, not just friends and family, as married. Additional proof of holding out can be found in official documentation, such as taxes, insurance, personal identification cards, financial accounts, real property records, lease agreements, military records, estate documents, and school records.
The parties must have lived in Texas after the agreement to be married. States differ in informal marriage statutes, therefore if the parties never lived in Texas after the agreement to be married or held themselves out to be married in Texas, then the Texas law would not apply.
Proof regarding cohabitation can be helpful evidence for the first two factors. The duration of cohabitation, division of bills, presence of other occupants in the home, and location of personal belongings can all help establish these facts.
If an informal marriage is established in a divorce proceeding, its dissolution follows the same process as a formal marriage—by divorce, annulment, or the death of a spouse. As a result, the dissolution of an informal marriage is treated no differently than a formal marriage and a final decree of divorce must divide the community estate and establish orders regarding any children of the couple.
If you are looking for a family lawyer near me for help with an informal marriage, it is important to note that there is a statute of limitations on informal marriage in Texas. If a divorce proceeding has not commenced within two years of the parties separating and living apart, there is a rebuttable presumption that the parties did not agree to be married.
After settling procedural issues, most servicemembers or their spouses ask about the division of benefits derived from military service. The three most common benefits are:
1. When determining child support, base pay, Basic Allowance for Housing (BAH), and Basic Allowance for Subsistence (BAS) are typically included in child support calculations.
2. Military retirement earned during the marriage is community property and therefore must be divided in a divorce. This differs greatly depending on whether the points are accrued during full service or as a member of the reserves.
3. Disability pay may be considered in a calculation of child support but will not be divided in a divorce absent an agreement of the parties. Under federal law, disability pay is considered separate property of the servicemember if results from service-related injuries.
While these are commonly asked questions, the complexity of military law necessitates an attorney well-versed in the specifics. Consulting with a knowledgeable attorney is crucial to address other nuances. such as medical benefits , commissary and exchange privileges, and Survivor Benefits Plan (SBP), among others.
Navigating Military Issues in Divorce Proceedings
When dealing with divorces involving active-duty military personnel, it's important to seek guidance from a knowledgeable family law attorney in Austin. These cases entail unique procedural considerations, especially when it comes to determining the jurisdiction for filing a divorce petition. It's worth noting that even if a service member is stationed outside Texas, active-duty members may still be able to file for divorce in Texas.
Texas Family Code § 6.303 establishes residency of a public servants or a spouse of a public servant who is not physically residing in the state during service. Additionally, Texas Family Code § 6.304 provides clarity in cases where neither spouse was previously a resident of the state but are stationed in Texas. Seeking advice from a family law attorney with military expertise is crucial, as the chosen venue significantly impacts applicable laws on child support, spousal support, alimony, and property division.
Once the filing jurisdiction is established, another procedural hurdle involves the active-duty servicemember’s ability to participate in the proceedings, governed by the federal Servicemembers Civil Relief Act (SCRA). If the servicemember is on active duty, Tte court may impose a 90-day stay of proceedings to ensure adequate time for them to responsd under 50 U.S. Code § 3932.
Void and Voidable Marriages
In Texas, a void marriage is invalid from the start and is treated as if it never happened, while a voidable marriage is considered valid until the date it is annulled. If a marriage violates any of the prohibitions of Texas Family Code § 6.201-6.206 it is void.
This difference is important because if a marriage is legally void, it means the parties have no legal rights or obligations to each other that typically arise in a marriage - for example, they have no community property for a court to divide and neither can claim spousal benefits. Unlike void marriages, voidable marriages are considered valid until a court declares them otherwise. The marriage is deemed to have existed, but is declared annulled going forward. Annulment can have similar legal consequences to divorce, includig matters such as property division and spousal support.
Texas law provides the following grounds for declaring a marriage to be void:
Common grounds for declaring a marriage voidable, or annulled, are fraud, duress, mental incapacity, and impotence.
If you are considering having your marriage annulled or declared void, it's important to seek legal advice from experienced family lawyers near you. Both actions have important time-based milestones and unique burdens of proof. A skilled family lawyer like those at Slav Law will help you understand those and many other considerations.
