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Texas Divorce FAQs
If you are preparing to go through a divorce in Texas, you no doubt have many questions about what to expect. Here, our Allen family attorneys provide answers to some of the most common questions about getting divorced in Texas. If you would like information that is specific to your personal circumstances, please schedule a complimentary consultation with one of our attorneys.
FAQs – Getting Divorced in Texas
Do all divorces end up in court?
No. While some spouses are so at odds that their only choice is to turn to the Collin County courts for a resolution, many divorcing couples are able to resolve their differences amicably without going to court. In Texas, there are a few different options for addressing property division, custody, and support rights outside of court. These include private settlement discussions, mediation and collaborative divorce.
Can you tell me more about mediation and collaborative divorce?
Mediation and collaborative divorce are two non-adversarial options for resolving divorce-related issues. In mediation, the spouses – each represented by their own attorney – work with a neutral third party (called a “mediator”) who helps them work toward a compromise. Unlike a judge, the mediator does not make any decisions for the spouses. Instead, the mediator helps the spouses keep an open perspective and consider creative solutions for dividing their assets and establishing a parenting plan.
A collaborative divorce starts with the spouses entering into a written agreement not to take their differences to court. The spouses do not work with a neutral third party, but instead (with the help of their respective attorneys) take an open-minded approach to finalizing their divorce as efficiently and amicably as possible.
What is “community property” and why does it matter in my divorce?
In Texas, once you get married, most property that either you or your spouse acquire will be considered “community property.” Community property is deemed to be owned equally by both spouses. This is true regardless of which spouse earned or purchased it, and regardless of whose name is on the legal title (in the case of a house or a car).
However, when it comes to a divorce, most assets can’t be split down the middle. In addition, a 50-50 split isn’t necessary warranted in each and every divorce. As a result, property division under Texas’s community property law can get complicated, and there are lots of options for divorcing spouses to keep in mind.
What can I expect during the divorce process?
While the divorce process is fairly structured regardless of which method you pursue, no two divorces are alike. Everything from your family’s financial circumstances to your spouse’s willingness to approach your divorce with open-mindedness will play a role in crafting your experience during your divorce.
That said, except in the ugliest of divorces, most people tend to find the process less burdensome than they initially expected. There are undoubtedly hurdles and challenging decisions along the way; but, with the right approach, you can often significantly mitigate the negative aspects of your divorce.
More Questions? Schedule a Complimentary Consultation Today
If you would like to speak with an attorney about your divorce, we invite you to schedule a free, confidential consultation at one of our offices in Collin County. To discuss your Texas divorce, call (214) 726-1450 or send us a message online today.