The divorce process itself can also have an emotional toll on both parties while they negotiate legalities such as the division of assets, child custody rights, alimony payments, and other related matters. The duration of your proceedings will depend on the ongoing negotiations between both parties and any additional complexities that may arise. That being said, it is worth noting that some attorneys specialize in cases that require minimal court involvement so if speed is important for you then inquiring about such specialists can prove beneficial for you. As a result, there are multiple aspects to consider when seeking information about divorce costs in Texas as well as a general overview of the entire process itself.
What Is the Cost of a Divorce in Texas?Divorce can be a long and complicated process; as such, it is important to understand the associated costs ahead of time. Texas is no exception when it comes to the financial expenditures associated with finalizing a divorce. The cost of divorce in Texas depends on several factors, such as the duration of the divorce proceeding, whether there are any children involved, and additional court fees.
In 2015, the average cost of a divorce in Texas was reported to be $15,600; however, if there are children included in the arrangement, this amount may increase up to $23,500. It is also important to consider other expenses such as legal counsel fees, court filing fees, and related documents costs when considering how much does a divorce costs in Texas. Professional assistance from experienced attorneys could help individuals estimate their corresponding costs accurately should they decide to hire one or more professionals during the proceedings.
What Is the Average Processing Time for a Divorce in Texas?The process of filing for a divorce in Texas is relatively straightforward. To begin, one spouse must file a petition for divorce with their local county court. After the petition has been filed, there is a required 60-day waiting period before the divorce can be finalized. During this time, the spouses may come to an agreement on the terms of their divorce without going to trial. However, should they fail to reach an agreement, then the matter will move to a courtroom trial. In this case, it could take anywhere from six months to over a year until a decision is reached and all assets have been divided properly.
When it comes to Texas divorces, it is important that both parties understand that all assets owned by either spouse are considered community property under state law and will be divided accordingly if they cannot agree on an equitable settlement prior to trial. Because of this presumption of community property, legal costs can increase quickly if spouses cannot come to an agreement before actually bringing the issue before a judge in court.
Who Pays for a Divorce?When considering a divorce, determining who pays for it is an important issue. The state of Texas is a community property state, which means that any assets or debt that were obtained during the marriage must be equally shared during the divorce process. This is why two individuals must file together to end the marriage and receive a final divorce decree from the Family Law Court of Texas. It’s worth noting that the court does not require you to pay for your spouse's attorney fee as part of filing for divorce, but other factors such as compensatory damages may need to be taken into account when calculating total costs.
There are many different factors that determine who pays for a divorce in Texas. These can range from whether one of the spouses is unwilling to get divorced which may result in certain expenses, to compensatory damages accrued during the process. Additionally, courts may award alimony or spousal support in particular circumstances where needed. Ultimately, each situation should be assessed on a case-by-case basis regarding who will pay for legal costs and fees associated with your divorce settlement.
What Is the Period of Separation Required to Be Eligible for Divorce in Texas?In order to file for a divorce in Texas, couples must meet the residency requirements and prove that there are grounds for the dissolution of their marriage. Generally, one must have been a resident of Texas for at least six months, and if filing on “fault grounds”, the couple must prove that their spouse was at fault by providing evidence of adultery or another act that caused an irrevocable breakdown of their marriage.
For a no-fault divorce, however, couples are not required to provide such evidence when they dissolve their marriage. Instead, they only need to prove that the relationship is no longer working. That generally means showing at least one year of separation due to "in supportability," meaning they have experienced serious conflicts that have made it impossible to reconcile. As such, couples in Texas should be aware that regardless of whether fault grounds are present or not, they will typically need to wait for a period of one year before filing for a no-fault divorce in Texas.
Talk to a LawyerAn experienced divorce lawyer in Harris County, Galveston County, Fort Bend County, Montgomery County, Brazoria County, Houston, Sugar Land, Missouri City, and Stafford, Texas at Thornton Esquire Law Group, PLLC, can help you with your divorce case. Contact us today at www.thorntonesquirelawgroup.com for a free consultation.