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.
Final Thoughts
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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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.
Bryan Fagan, a native of Atascocita, Texas, is a dedicated family law attorney inspired by John Grisham’s “The Pelican Brief.” He is the first lawyer in his family, which includes two adopted brothers. Bryan’s commitment to family is personal and professional; he cared for his grandmother with Alzheimer’s while completing his degree and attended the South Texas College of Law at night.
Married with three children, Bryan’s personal experiences enrich his understanding of family dynamics, which is central to his legal practice. He specializes in family law, offering innovative and efficient legal services. A certified member of the College of the State Bar of Texas, Bryan is part of an elite group of legal professionals committed to ongoing education and high-level expertise.
His legal practice covers divorce, custody disputes, property disputes, adoption, paternity, and mediation. Bryan is also experienced in drafting marital property agreements. He leads a team dedicated to complex family law cases and protecting families from false CPS allegations.
Based in Houston, Bryan is active in the Houston Family Law Sector of the Houston Bar Association and various family law groups in Texas. His deep understanding of family values and his professional dedication make him a compassionate advocate for families navigating Texas family law.