Overview of Divorce Proceedings in Texas

Embarking on a divorce without a clear understanding of the process can be daunting, even if you have legal representation. In Texas, divorces can range from straightforward to complex, often featuring a blend of both. At the Law Office of Bryan Fagan, PLLC, our goal is to provide you with essential insights about Texas divorce proceedings, ensuring you are well-informed before initiating the process.

Understanding the Divorce Process: Preparing for Action

The journey begins with recognizing the grounds for your divorce. Whether it’s a no-fault divorce based on insupportability or a fault-based divorce citing reasons like adultery or cruel treatment, understanding these grounds is crucial. This distinction not only guides the filing process but also influences how the court divides marital assets and debts. For instance, a spouse’s misconduct can impact the division of assets, potentially leading to a disproportionate share in your favor.

Residency Requirements: Establishing Jurisdiction

For those who have recently moved to Texas, it’s important to know the residency requirements for filing a divorce. Texas law mandates that either you or your spouse must have been domiciled in Texas for at least six months and in the county where the divorce is filed for at least three months. This concept of “domicile” implies an intention to remain in Texas. If you’re new to the state, the Law Office of Bryan Fagan suggests waiting out this period before you can file for divorce.

Navigating Community and Separate Property

Texas is known for its community property laws, where property, assets, and debts acquired during the marriage are considered communal. However, separate property – assets owned before marriage or acquired through gifts or inheritance – retains its individual status. Distinguishing between these two types is vital in a divorce.

For instance, a vehicle bought with a cash gift from a relative remains your separate property. The burden of proving separate property ownership lies with you. This means gathering evidence to support your claim, whether it’s for a simple dresser or something as complex as stocks. Clearly stating your separate property claims in your Original Petition for Divorce is essential, especially if there’s a dispute over certain assets.

Upcoming Discussions: Community Property and Debts

Stay tuned for our next article where we’ll delve deeper into the concept of community property, what it encompasses, and how debts are handled in a Texas divorce. Understanding these aspects is key to navigating your divorce proceedings effectively.

If you have questions about the divorce process or need guidance on specific aspects, the Law Office of Bryan Fagan, PLLC is here to help. Our licensed family law attorneys are available six days a week for free consultations, ready to provide the answers and support you need during this challenging time.


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Other Articles you may be interested in:

  1. The Standard Possession Order and Child Support- A Texas Divorce Overview Continued
  2. Texas Divorce Overview: Dividing Community Property and Debts
  3. Child Support Overview for Texas families
  4. Enforcement Suits in Texas Family Law: An Overview
  5. What are the Steps of a Contested Texas Divorce, and How can I Prepare for Them?
  6. 7 Steps – When Your Spouse Wants a Divorce In Texas – But You don’t!!!
  7. Steps To Take Before Moving Out of the Marital Residence During a Divorce in Spring, TX
  8. Texas Divorce and Retirement & Employment Benefits by the Numbers
  9. Is Social Security Considered Separate Property in a Texas Divorce?
  10. Will My Spouse Get Part of My Retirement in Our Texas Divorce?
  11. Husband Loves His Wife and Wants a Divorce in Texas “On Paper” for Strategic Financial Reasons?
  12. Roadmap of Basic Divorce Procedure in Texas
  13. 6 Mistakes that can Destroy Your Texas Divorce Case

Law Office of Bryan Fagan, PLLC | Houston, Texas Divorce Lawyers

The Law Office of Bryan Fagan, PLLC, routinely handles matters that affect children and families. If you have questions regarding divorce, it’s essential to speak with one of our Houston, TX, Divorce Lawyers right away to protect your rights.

Our divorce lawyers in Houston, TX, are skilled at listening to your goals during this trying process and developing a strategy to meet those goals. Contact the Law Office of Bryan Fagan, PLLC by calling (281) 810-9760 or submit your contact information in our online form. The Law Office of Bryan Fagan, PLLC, handles Divorce cases in Houston, Texas, Cypress, Klein, Humble, Kingwood, Tomball, The Woodlands, Houston, the FM 1960 area, or surrounding areas, including Harris County, Montgomery County, Liberty County, Chambers County, Galveston County, Brazoria County, Fort Bend County, and Waller County.

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Contact Law Office of Bryan Fagan, PLLC Today!

At the Law Office of Bryan Fagan, PLLC, the firm wants to get to know your case before they commit to work with you. They offer all potential clients a no-obligation, free consultation where you can discuss your case under the client-attorney privilege. This means that everything you say will be kept private and the firm will respectfully advise you at no charge. You can learn more about Texas divorce law and get a good idea of how you want to proceed with your case.

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