Divorce Attorney Brownsville Texas
Divorce FAQs
What is a no-fault divorce?
State laws dictate the types of divorces available in each state. In Texas, divorces can be either fault or no-fault divorces. A no-fault divorce is one where the party filing for divorce does not have to claim that the spouse is to blame in order for the divorce to become final. The other spouse cannot stop a no-fault divorce.
What is a fault divorce?
A fault divorce is one where the party filing for divorce must claim that the spouse is to blame for the marriage’s failure. For example, adultery is grounds for divorce in Texas as are: cruelty, felony convictions resulting in imprisonment of over one year, abandonment for three years or more, living apart for over three years, and confinement in a mental hospital for three years or more.
How can I get divorced in Brownsville?
Start by hiring a divorce attorney from the area. While you could file the paperwork on your own, there’s too much at stake not to have an experienced Brownsville divorce attorney on your side. An attorney will help you file a petition for divorce with the court, serve your spouse with a copy, negotiate property distribution, negotiate alimony and child support, negotiate child custody and visitation, negotiate debt distribution, prepare a final order of dissolution, and guide you throughout the entire process.
Can I get legally separated in Texas?
No. Texas does not have a provision for legal separation.
What are Texas divorce residency requirements?
In order to get divorced in Texas, you or your spouse must have been a resident of the state for at least six months before filing for divorce. You must be a resident of the county for 90 days before filing the petition at the county’s District Court of Texas.
What is an annulment?
An annulment is a legal dissolution of marriage where a judge determines that the marriage was never valid from the beginning. For example, if you or your spouse was underage at the time of marriage, the marriage can be annulled. Several valid reasons for annulment exist. Check with your Brownsville divorce attorney if you believe that you marriage is not valid.
What is mediation?
Mediation is a legally binding option where the two parties work out a mediation agreement with an impartial third party’s help. It is an option that can work for couples with relatively minor disputes.
What is community property?
Community property laws generally mean that the assets acquired during the marriage belong equally to both parties. This property is then split equally between both parties after subtracting community debts. For example, if the couple saved $20,000 together while married and owe $5,000 in credit card debt, the remaining $15,000 would be split equally between the two parties. While this is an extremely simplified example, community property can get tricky. For example, property from before a marriage may be considered separate property but over time, it could become co-mingled with shared community property. A good divorce attorney is essential when assets are significant – and even when they are not.