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Understanding Texas Divorce

Are you considering a divorce? Don’t worry, you’re not alone. Divorce is a common occurrence these days, and it’s not always a bad thing. In fact, some people describe divorce as the best thing that ever happened to them. However, getting a divorce can be a complicated and emotional process. That’s why it’s important to understand what’s involved before you make any decisions.

In this blog post, we’ll take a closer look at Texas divorce laws and what you need to know before filing for divorce. We’ll cover the basic steps involved in a Texas divorce, including residency requirements, filing a petition for divorce, temporary orders, property division, child custody, and spousal support. We’ll also discuss the importance of working with an experienced divorce attorney to protect your interests.

Short answer: If you’re considering a divorce in Texas, it’s important to understand the process involved and work with an experienced attorney. Keep reading to learn more about Texas divorce laws and what you need to know before filing for divorce.

The Divorce Process in Texas

Divorce. It’s a word that can strike fear into the hearts of even the bravest souls. But fear not, because we’ve got your back here in Texas! In this article, we’re going to dive into everything you need to know about the divorce process in Texas.

So, what’s the deal with divorce in the Lone Star State? Well, for starters, did you know that Texas is a community property state? That means that everything acquired during the marriage is considered joint property and must be divided equally in a divorce. Sounds simple, right? Not so fast! As with any legal proceeding, the devil is in the details, and there can be many twists and turns along the way.

But don’t worry, we’ve got your back! We’ll guide you through the entire process, from filing the initial petition for divorce to the final hearing. We’ll cover important topics like child custody, support, and property division. We’ll even delve into the nitty-gritty details, like what documents you need to file and how long the process can take.

And here’s the short answer: if you’re considering divorce in Texas, you’ll want to read this article. So, grab a cup of coffee (or a glass of wine – we won’t judge), and let’s dive in! We’ll cover everything you need to know to ensure a smooth and successful divorce process.

When going through a divorce, it’s important to understand the process and what to expect. In Texas, some specific requirements and procedures must be followed, and it can be overwhelming to navigate on your own. But don’t worry, we’re here to guide you through it with some humor and a lot of empathy!

First things first, the divorce process in Texas starts with filing a divorce petition. This is the document that outlines the reasons for the divorce and asks the court to dissolve the marriage. But before you jump into filing, there are some requirements you need to meet.

To file for divorce in Texas, at least one spouse must have been a state resident for six months before filing and a resident of the county where the case is filed for at least 90 days. So if you’re thinking about moving to a new county to speed up the process, think again!

Once the petition is filed, the other spouse is served with the petition and has the opportunity to respond. This is where things can get a little tricky. If the other spouse does not respond, the court can proceed with the divorce without their input. But if they do respond, the couple may be able to work out a settlement agreement that addresses issues such as property division, child custody, and child support. If they can’t reach an agreement, the case may go to trial, where a judge will make decisions about these issues.

In Texas, the court may grant a divorce on either a “fault” or “no-fault” basis. A fault-based divorce means that one spouse is at fault for the end of the marriage, such as committing adultery or being abusive. A no-fault divorce means that the marriage has irretrievably broken down and neither spouse is at fault. So if you’ve been dreaming of getting up on the stand and pointing the finger, you might want to think again.

But wait, there’s more! We know you’re dying to find out what else is involved in a Texas divorce. Texas is a community property state, which means that all assets and debts acquired during the marriage are considered jointly owned and must be divided equally. However, there are exceptions to this rule, and the court will consider various factors when making a division of property determination. This includes the division of property and assets acquired during the marriage, child custody, and potential spousal support.

Child custody is also an essential aspect of a Texas divorce. Texas courts encourage parents to develop a parenting plan that serves the child’s best interests. Suppose the parents cannot agree on a plan. In that case, the court will make a determination based on various factors, including the child’s age, health, emotional and physical needs, and each parent’s ability to provide for those needs.

Finally, a Texas divorce may involve spousal support, also known as alimony. Spousal support is not automatically awarded in Texas, and the court will consider various factors, such as the length of the marriage, the earning potential of each spouse, and each spouse’s ability to support themselves after the divorce.

In summary, the divorce process in Texas can be complicated, but with the right guidance, it’s manageable. At the Law Office of Bryan Fagan, we offer free consultations with non-lawyer representatives and paid consultations with our attorneys to discuss your options and help you make informed decisions about your divorce. So take a deep breath, relax, and let us help you through this process.

Fault vs. No-Fault Divorce in Texas

The article will discuss the difference between fault and no-fault divorce in Texas and how they affect divorce.

Are you thinking about getting a divorce in Texas? Well, buckle up because it can be a wild ride. One of the first things you’ll need to decide is whether to file for a fault or no-fault divorce.

Now, you might be wondering what the difference is. In a nutshell, a fault divorce means that one spouse is at fault for the end of the marriage, such as committing adultery or being abusive. A no-fault divorce means that the marriage has irretrievably broken down and neither spouse is at fault.

But why does this matter? It actually has a big impact on the divorce process. In a fault divorce, the spouse who is at fault may be penalized in the divorce settlement. For example, if one spouse committed adultery, the court may award the other spouse a larger share of the marital property. On the other hand, in a no-fault divorce, the court will generally divide the marital property equally between the spouses.

But it’s not just about property division. In a fault divorce, the spouse who is at fault may also have a harder time getting custody of the children or receiving spousal support. This is because the court may view their behavior as not being in the children’s best interest or as a reason why they should not receive financial support.

So, which one is right for you? That depends on your individual situation. If there is clear evidence of fault on the part of one spouse, a fault divorce may be appropriate. However, a no-fault divorce may be the best option if both spouses simply no longer want to be married.

In any case, working with an experienced divorce attorney who can help you navigate the complex legal system and protect your interests is important. So, if you’re considering a divorce in Texas, keep reading to learn more about fault vs. no-fault divorce and how they can impact your case.

It is important to note that getting a divorce in Texas can be a complex and emotional process. It can be a difficult and stressful time for anyone going through a divorce, but staying focused on achieving a successful outcome is essential. Remember that you are at war, but it’s a war that can be won.

So, what’s the deal with fault vs. no-fault divorce in Texas? Let’s break it down.

First off, what’s the difference? In a fault divorce, one spouse claims that the other did something that caused the marriage to fail, such as adultery, cruelty, or abandonment. In a no-fault divorce, neither spouse is blamed for the marriage breakdown – it’s simply recognized that the marriage is irretrievably broken.

But why does it matter? For starters, fault can come into play when dividing property, debts, and even determining child custody. For example, if one spouse is found to have committed adultery, the court may consider that when dividing property, as the innocent spouse may be entitled to a larger share. On the other hand, in a no-fault divorce, the court will simply divide property and debts based on what it considers to be fair and equitable.

So, which one should you choose? It depends on your specific circumstances. If fault is a factor in your divorce, you may want to consider a fault divorce. However, keep in mind that proving fault can be difficult and time-consuming, and it may not ultimately make much of a difference in the outcome of your case. In most cases, a no-fault divorce is the simpler and more straightforward option.

Ultimately, the decision to pursue a fault or no-fault divorce in Texas should be made with the guidance of an experienced family law attorney. They can help you weigh the pros and cons and determine the best option.

Now that you know the basics of fault vs. no-fault divorce in Texas, it’s time to dig deeper. In this article, we’ll take a closer look at the advantages and disadvantages of each option, as well as what you need to know to prove fault in a Texas divorce. So, grab a cup of coffee and keep reading – we’ve got you covered.

You are at War – But It’s a War That Can Be Won

Going through a divorce can feel like going to war, but it can be won with the right mindset and guidance.

Are you going through a divorce? Feeling like you’re about to go to battle? It’s understandable. Divorce can be emotionally and mentally draining, leaving you feeling exhausted and defeated. But take heart, my friend, because you can come out victorious with the right mindset and guidance.

First things first, it’s essential to remember that you are not alone. Many people have gone through a divorce and come out stronger on the other side. It’s not easy, but it’s possible. So, let’s talk strategy.

To win your divorce case, you must prove your case. This means providing evidence to support your claims and convincing the court that your desired outcome is fair and reasonable. This evidence may include financial records, witness testimonies, and other relevant documentation.

But do you need an attorney to help win your divorce case? The answer is yes. An experienced divorce attorney can help you navigate the legal system and ensure that your rights and interests are protected. They can also provide objective advice and help you make informed decisions that will benefit you in the long run.

At the Law Office of Bryan Fagan, we understand that going through a divorce can be overwhelming, but we’re here to help you win the war. Our team of experienced divorce attorneys can provide you with the guidance and support you need to come out on top. So don’t go to war alone. Let us help you win.

If you’re facing a divorce, you might feel like you’re in the midst of a war. It’s a battle that can be won only with the right tools and strategies. In this article, we’ll discuss what you need to prove to win your case and why hiring an experienced attorney can make all the difference.

First things first, what do you need to prove to win your divorce case? In Texas, you’ll need to show that your marriage has irretrievably broken down or that your spouse was at fault for the end of the marriage. Fault can be proven through evidence of adultery, cruelty, abandonment, or other specific actions that led to the marriage breakdown. However, in many cases, a no-fault divorce is the easiest and simplest option.

But even if you have a strong case, going through a divorce can be an incredibly stressful and overwhelming experience. That’s why it’s important to have a skilled attorney by your side. A good divorce lawyer can provide you with the legal guidance you need to navigate the complexities of divorce law, as well as support and advocacy during what can be an emotionally challenging time.

At the Law Office of Bryan Fagan, we’re here to help you through every step of your divorce. Our team of experienced attorneys is dedicated to providing compassionate, effective representation to help you achieve the best possible outcome in your case. We offer free consultations with non-lawyer representatives and paid consultations with our attorneys to help you understand your options and make informed decisions about your future.

So if you’re facing a divorce and feel like you’re at war, know that you’re not alone. With the right legal team on your side, you can come out of the process stronger and ready to start the next chapter of your life. Contact us today to schedule your free consultation and take the first step toward a better future.

What Must You Prove to Win Your Case

To win your case, you must prove your point by presenting compelling evidence that supports your claim. This guide will give you all the tips and tricks to prove your case and win in court.

Are you facing a legal battle and wondering how to come out victorious? Well, you’re in luck because we’ve got the ultimate guide for you. Winning your case requires more than just having the right lawyer; you need to prove your point and convince the judge that you are in the right.

To start, you must understand what evidence is and how it can be used to support your claim. Evidence can be anything from documents and records to witness testimonies and physical items. The key is to present evidence that is relevant and persuasive.

But presenting evidence is not enough; you must also know how to use it effectively. This means organizing your evidence clearly and concisely, knowing when to present it, and being able to counter any objections from the other side.

Another crucial element of winning your case is credibility. You need to present yourself as a trustworthy and reliable source of information. This means honesty, respect, and professionalism throughout the legal process.

Finally, winning your case also involves being strategic. You need to anticipate the other side’s arguments and be prepared to counter them effectively. This means knowing the strengths and weaknesses of your case and being able to adjust your strategy as needed.

In conclusion, winning your case requires a combination of evidence, credibility, and strategy. This guide will provide you with all the tools you need to present your case effectively and come out victorious in court. Keep reading to learn more about how to prove your point and win your legal battle.

Once you understand what you need to prove to win your case, the next step is to gather evidence to support your claims. This may involve gathering documentation, such as financial or medical records, or interviewing witnesses or hiring experts to provide testimony. It’s important to work with your attorney to develop a comprehensive strategy for gathering persuasive and admissible evidence in court.

Overall, winning your case requires a combination of careful planning, persuasive arguments, and strong evidence. By working closely with your attorney and staying focused on your goals, you can increase your chances of success and achieve a positive outcome.

So if you’re facing a legal battle, don’t give up hope just yet! You can win your case and come out on top with the right approach. Keep reading to learn more about what you must do to succeed in the courtroom.

Child Custody, Property Division, and Spousal Support

If you’re going through a divorce in Texas, you may wonder how child custody, property division, and spousal support are determined. This article will explain everything you need to know in an engaging and relatable way.

Are you currently going through a divorce in Texas and feeling overwhelmed by the process? You’re not alone! Divorce can be an emotional rollercoaster, and dealing with issues like child custody, property division, and spousal support only adds to the stress.

When it comes to child custody, Texas courts prioritize the best interests of the child. This means they will consider the child’s age, health, emotional and physical needs, and each parent’s ability to provide for those needs. The court will decide if the parents cannot agree on a parenting plan.

As for property division, Texas is a community property state, meaning all assets and debts acquired during the marriage are considered jointly owned and must be divided equally. However, there are exceptions to this rule, and the court will consider various factors when making a division of property determination.

Spousal support, also known as alimony, is not automatically awarded in Texas. The court will consider factors such as the length of the marriage, each spouse’s earning potential, and their ability to support themselves after the divorce.

Navigating these issues can be challenging, but with the help of an experienced family law attorney, you can achieve a favorable outcome. So if you’re going through a divorce in Texas, keep reading to learn everything you need to know about child custody, property division, and spousal support.

Community Property State

Dividing property during a divorce can also be a difficult and contentious process, especially if there are valuable assets involved or if one spouse has contributed significantly more to the acquisition of property. In Texas, property is divided according to the community property law, which means that all assets and debts acquired during the marriage are considered jointly owned and must be divided equally. However, there are exceptions to this rule, and the court will consider various factors when making a division of property determination.

Regarding child custody, Texas courts encourage parents to work together to develop a parenting plan that serves the child’s best interests. Suppose the parents cannot agree on a plan. In that case, the court will make a determination based on various factors, including the child’s age, health, emotional and physical needs, and each parent’s ability to provide for those needs. It is important to note that in Texas, the court favors joint custody arrangements allowing both parents to be involved in the child’s life.

Finally, a Texas divorce may also involve spousal support, also known as alimony. Spousal support is not automatically awarded in Texas, and the court will consider various factors, such as the length of the marriage, the earning potential of each spouse, and each spouse’s ability to support themselves after the divorce.

In summary, a Texas divorce involves not only the termination of a marriage, but also the division of property, child custody arrangements, and potential spousal support. It is a complex process that can be emotionally challenging and legally complex. However, with the help of an experienced family law attorney, you can confidently navigate this process and ensure that your rights and interests are protected. So, if you are going through a divorce in Texas, don’t hesitate to reach out to us at the Law Office of Bryan Fagan for guidance and support.

Child Custody

Child custody is a critical issue that arises in most divorce cases, and it determines where the child will live and who will make important decisions about their life.

Are you going through a divorce and worried about child custody? Don’t worry; you’re not alone! Child custody is one of the most challenging and emotionally charged issues that arise in divorce cases. Feeling overwhelmed, anxious, or scared about how the divorce will affect your child’s future is natural. But remember, you’re not alone, and there is a way forward.

Child custody involves deciding where the child will live and who will make important decisions about their life, such as education, healthcare, and religion. There are two main types of custody: physical and legal custody. Physical custody determines where the child will live, while legal custody determines who will make important decisions about the child’s life.

In Texas, courts encourage both parents to be involved in their child’s life and develop a parenting plan that serves the child’s best interests. The court will consider factors such as the child’s age, health, emotional and physical needs, and each parent’s ability to provide for those needs. In some cases, the court may appoint a third-party, such as a mediator or social worker, to help the parents develop a parenting plan.

Remember, the most important thing in any child custody case is the child’s well-being. Although it’s easy to get caught up in the legal process, always keep in mind that your child’s happiness and stability should be the top priority. With the help of an experienced family law attorney, you can navigate the child custody process and ensure that your child’s best interests are protected.

So if you’re going through a divorce and have concerns about child custody, don’t hesitate to seek help. Keep reading our blog for more information on child custody and how to navigate the divorce process.

Spousal Support

Texas law provides that it is not automatically awarded in a divorce when it comes to spousal support or alimony. The court will consider various factors such as the length of the marriage, the earning potential of each spouse, and each spouse’s ability to support themselves after the divorce. Spousal support may be awarded as a monthly payment or lump sum, and can be temporary or permanent.

Overall, the divorce process in Texas can be complex and emotional, with many factors to consider. It’s important to have a knowledgeable and experienced attorney to guide you through the process and ensure your rights are protected.

In conclusion, divorce in Texas is a legal process that requires careful consideration and planning. From child custody to property division and spousal support, many factors must be considered when filing for divorce. With the right attorney on your side, you can confidently navigate the process and ensure your interests are protected.

Do you really Need an Attorney for Your Divorce Case?

Yes, it is highly recommended to hire an attorney for your divorce case.

Are you considering getting a divorce but wondering if you need an attorney? It’s a common question that many people ask themselves, especially if they want to save money on legal fees. But let’s face it – a divorce is a complicated process, and without proper guidance, you could end up with a less than favorable outcome.

In this article, we’ll dive into the reasons why it’s important to hire an experienced divorce attorney, even if you think you can handle it on your own. We’ll explore the benefits of having legal representation, and explain why it’s worth the investment in the long run.

Reasons to Keep Reading:

  • Learn why representing yourself in a divorce case could end up costing you more in the long run
  • Understand the complexities of divorce laws and how an attorney can help you navigate them
  • Discover how an attorney can help you protect your rights and assets during the divorce process
  • Find out why having an attorney can reduce stress and anxiety during an already difficult time in your life.

So, whether you’re just starting to consider a divorce or knee-deep in the process, read on to learn why having an attorney on your side is crucial for a successful outcome.

Of course! While it may seem like a good idea to save money by representing yourself in a divorce case, the truth is that having an experienced attorney on your side can make a huge difference in the outcome of your case. In this article, we’ll explore the reasons why hiring an attorney is a smart choice when it comes to your divorce case.

Short answer: Yes, you really need an attorney for your divorce case.

Reasons to keep reading:

  • Discover the potential risks and pitfalls of representing yourself in a divorce case
  • Understand the benefits of having an experienced attorney on your side
  • Learn how an attorney can help you navigate the complex legal process and protect your rights and interests
  • Get tips on how to find the right attorney for your case

Divorce can be a highly emotional and stressful process, and it’s easy to see why some people may be tempted to try to handle their case on their own. However, the reality is that divorce cases can be incredibly complex and involve a multitude of legal issues. Trying to navigate the legal system without the help of an experienced attorney can be risky, costing you more in the long run.

One of the biggest risks of representing yourself in a divorce case is making costly mistakes. The legal process can be confusing, and it’s easy to miss important deadlines or make errors in your paperwork. These mistakes can lead to delays in your case, extra costs, and even result in a less favorable outcome.

On the other hand, having an experienced divorce attorney on your side can help you avoid these pitfalls and ensure that your case is handled efficiently and effectively. An attorney can help you understand the legal process, gather and organize necessary documentation, and provide guidance on key decisions such as property division and child custody.

Additionally, an attorney can act as a buffer between you and your spouse, helping reduce tension and emotions that can sometimes lead to contentious negotiations or court battles. They can negotiate on your behalf and work to achieve a settlement that is in your best interests.

When it comes to finding the right attorney for your case, it’s important to do your research and choose someone who has experience handling divorce cases in your state. Look for an attorney who is responsive to your needs and concerns and can provide clear and straightforward advice.

In summary, while it may be tempting to represent yourself in a divorce case, it’s important to remember that divorce cases can be incredibly complex and involve a multitude of legal issues. Hiring an experienced divorce attorney can help you avoid costly mistakes, navigate the legal process, and protect your rights and interests.

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Divorce in Texas – Entitlements, Rules, and Property Division Explained


Q: What is the wife entitled to in divorce in Texas?

A: In Texas, spouses are entitled to an equitable division of marital property, which includes assets and debts acquired during the marriage. The wife may be entitled to receive spousal support or alimony, depending on various factors, such as the duration of the marriage, the income and earning capacity of each spouse, and any contributions made by the wife to the marriage.


Q: Is Texas a 50/50 divorce state?

A: No, Texas is not a 50/50 divorce state. Texas is a community property state, which means that marital property is divided fairly but not necessarily equally. This means that the court will consider various factors, such as each spouse’s earning capacity, separate property, and any other relevant circumstances, when determining the division of property.


Q: What is the 10-year rule for divorce in Texas?

A: The 10-year rule for divorce in Texas is a guideline that some courts use to determine the length of spousal maintenance or alimony payments. If a couple has been married for at least 10 years, the court may order spousal maintenance for a longer period of time than if the couple had been married for a shorter period. However, the 10-year rule is not a hard and fast rule, and the court will consider other factors as well.


Q: How are things split in a divorce in Texas?

A: In Texas, marital property is divided equitably, which means that the court will consider various factors to determine what is fair and just, but not necessarily equal. This may include factors such as each spouse’s earning capacity, separate property, fault in the breakdown of the marriage, and any other relevant circumstances. The court may also consider agreements made by the spouses themselves regarding property division.

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