Defending Your Needs Through Divorce
The outcome of a divorce can define how you live for years to come. The divorce agreement you sign could affect your living situation, family dynamic and financial situation. With so much on the line, the last thing you should do is make the mistake of representing yourself. Instead, allow the guidance of a skilled family law attorney to protect your best interests through the process.
At Quintana & Barajas, PLLC, we have been representing clients throughout Texas throughout all stages of their divorces for more than 10 years. We know how Texas laws impact families, and we are prepared to develop a personalized strategy to help you pursue the outcome you deserve.
Understanding A Divorce In Our State
One of the primary differences in a Texas divorce is how assets will divide in court. Texas is a “community property” state, which means judges will divide community assets (noninheritance assets acquired during the marriage) in a 50/50 split. In some cases, a judge may divide assets in a 55/45 or even a 60/40 split if one spouse was behaving poorly or there were grounds for fault, like adultery or cruelty.
Why You Always Need An Attorney
Instead of leaving a divorce resolution to a judge, some couples may decide to resolve their divorce on their own through negotiation. Even when couples agree to collaborate in their divorce, they need to be sure they are defending their needs with legal representation. As your legal advocates, we can help you pursue your family law goals, focus on the important matters and keep the process civil from beginning to end.
If you decide to take your case to court, we can help complete the necessary paperwork on time, gather evidence and information to bolster your case. As your legal allies, we are committed to pursuing the outcome you deserve in your divorce.
Answering Common Questions About Texas Divorces
Here at Quintana & Barajas, PLLC, we have more than a decade of experience handling divorce cases, so we know how complex they can be. Our firm is here to help with skillful representation from beginning to end. To help you get started if you’re considering your legal options, here are a few of the questions we hear most often.
How long will it take to get a divorce in Texas?
It all depends on the specifics of the case. Generally, it will take from six months to a year to resolve the legal process entirely. However, some cases are faster. An amicable and uncontested divorce may take just around 60-90 days. The length of the process also depends on how soon the court is available for hearings and other proceedings.
What is a “no-fault” divorce?
This means that neither spouse has to show that the other spouse caused the divorce and is therefore at fault. Instead, they can just say there are irreconcilable differences in the relationship and that they want to end it. Wanting a divorce is enough of a reason to get one, and fault is no longer strictly necessary – though it can be used in some situations.
What if my former spouse is dragging out the divorce?
Your spouse can delay the process – but they cannot stop it. For instance, they may refuse to respond to the divorce petition. Don’t worry. They can’t block the divorce by ignoring it. Once they pass the deadline to respond, the case can move forward without them. Eventually, the court can issue a default divorce in your favor. This often happens when the other person refuses to come to hearings or court dates – or is impossible to find.
What is the difference between legal separation and divorce?
Some states allow couples to legally separate, meaning they divide some aspects of their lives while still remaining married. They may technically be married but living apart, for instance, so the court helps them divide marital assets or custody time with children. However, Texas doesn’t use legal separation, so this is not an option. Couples have to stay married or get divorced, but they cannot go through the court to get assistance with a mere separation.
What does it mean that Texas is a “community property state”?
There are two types of property that come into play during a divorce: separate property and community, or marital, property. Separate property is anything you owned prior to divorce or acquired as an inheritance or gift during the marriage. This can include separately funded bank accounts, inheritances and proceeds from a personal injury settlement.
Community property, on the other hand, is everything you own together with your spouse that was acquired during the length of the marriage. This includes assets such as income, your family home or other real estate properties, investments, furniture, mortgages, retirement accounts and other personal belongings.
When you go through a divorce, your property will be divided between you and your spouse. As Texas is a community property state, this means all the assets and earnings that you and your spouse acquired during your marriage are jointly owned and eligible for property division. The goal with property division in Texas is to equitably distribute the assets between you and your spouse. This does not mean an even 50-50 division of assets. Instead, the courts will determine a fair division based on factors such as:
- The duration of the marriage
- Each spouse’s health and age
- Each spouse’s earning capacity
- Each spouse’s education and employability
- Each spouse’s financial responsibilities
- Each spouse’s contributions to the marriage
- If there was any fault in the marriage dissolution
Understanding how property division works and whether certain assets are considered separate or community property can be complicated. There are often assets that are “mixed,” such as a business that may have started as a separate asset but became comingled over time. To determine how property division will impact your divorce, you should speak with a knowledgeable divorce lawyer.
What are the “grounds” for divorce in Texas?
There are seven common grounds for divorce recognized by the Texas family code:
- Insupportability – This is considered one of the most common grounds for divorce. Also referred to as irreconcilable differences, insupportability is when your marriage is no longer supportable due to discord or conflict of personalities.
- Cruelty – Texas law defines cruelty in this instance as any cruel treatment toward a spouse that makes living together impossible. The cruel treatment generally must be willful and consistent and cause significant pain or suffering to the other spouse. Filing for divorce on the grounds of cruelty is often on a case-by-case basis, as what is considered “cruel” to one spouse may not seem cruel to another.
- Adultery – If you can provide proof that your spouse has cheated on you, you can file for divorce on grounds of adultery. Proof can include texts or emails, receipts, loans and expensive gifts that your spouse has given to their lover.
- Conviction of felony – If your spouse has been convicted of a felony, imprisoned for at least one year in the Texas Department of Criminal Justice, a federal penitentiary, or the penitentiary of another state, and has not been pardoned, you can file for divorce based on these grounds.
- Abandonment – You may file for divorce on the grounds of abandonment if your spouse voluntarily and intentionally left you with no intention to return, and if the abandonment has lasted for at least one year.
- Living apart – If you and your spouse have lived apart without cohabitation for at least three years, the courts may grant a divorce based on these grounds.
- Confinement to a mental hospital – If your spouse has been confined in a state or private mental hospital for at least three years and you can provide evidence that a relapse is possible or recovery is unlikely, you can file for divorce. Your spouse can be confined to a mental hospital in Texas or in another state for these grounds to apply.
Divorce is a complex and emotional process, no matter the grounds upon which you’re filing. Working with an experienced divorce attorney can help you take the right steps and make informed decisions as you pursue a divorce.
Can I get a divorce in Texas if I’m not a U.S. citizen?
Texas law does not require U.S. citizenship as a requirement for a divorce. However, before you can file for divorce here, there are certain residency criteria that must be met. At least one spouse must be a resident of Texas for a minimum of six months or 180 days before filing for division. They also must have resided in the county where they’re filing for at least 90 days prior to the filing. If you meet these requirements, you can file for divorce in Texas regardless of your immigration status.
If you are in the United States on a student or work visa, if you came on a visa that has since expired, or if you came here illegally, it’s normal to be worried if your immigration status will impact your ability to seek a divorce. However, Texas family courts will not review or examine your immigration status if you pursue a divorce.
You should be aware that getting a divorce as a noncitizen can risk you losing permanent resident status. If you get divorced before the second anniversary of your marriage, you may be at risk of deportation. While Texas family courts do not contact immigration authorities, other parties aware of your status may notify them about your situation.
Going through a divorce is complex enough without immigration issues to consider. A skilled attorney can help you navigate this stressful and confusing situation with care and personalized attention so you feel confident pursuing a divorce regardless of your immigration status.
Leave Your Divorce In Good Hands
If you are considering a divorce, either by negotiation or litigation, make sure you are relying on the services of a knowledgeable lawyer. Learn more about our qualifications in a private consultation.
From our offices in San Antonio, Houston and Austin, we are proud to represent clients throughout South Texas. You can reach us by calling 210-996-2664 or emailing us here.