Family law in the Woodlands is potentially complex, and therefore couples considering divorce should consult individually with a divorce lawyer. Even when a split is amicable, divorce is often a difficult and emotional process. Divorce lawyers sometimes advise couples who are considering splitting up to separate for a period of time before filing for divorce. Continue reading to learn more about the benefits of separating before divorce, which includes allowing both parties to retain the benefits of marriage, giving each spouse emotional space to process the split, and allowing a couple to negotiate (rather than litigate) the terms of child support, child custody, and property division.

Marital Benefits
Divorce lawyers regularly counsel clients that separating before divorce allows spouses to retain the benefits of marriage as they come to a final decision. So if you are unsure about whether or not you want to file divorce papers, you can consider meeting with attorneys to negotiate the terms of a separation instead. Because couples who have separated are still married in the eyes of the law, they continue to share benefits like health insurance coverage and perhaps tax benefits. For example, if one spouse does not have health insurance, a legal separation ensures that he or she will be covered for any medical problem.

Emotional Space
Family lawyers may also suggest separation before divorce so both parties can have the time and space they need to process the idea of a permanent split. The terms of a separation are not legally binding. After some physical and emotional distance, some couples decide to work on their marriage and never file divorce papers at all. Additionally, if one spouse has already come to terms with the idea of divorce, the other partner often needs time to reach the same conclusion.

Negotiation Period
When you and your spouse separate, you have more time to make difficult decisions about property, finances, and children. A divorce attorney may recommend separation before divorce to give couples time to negotiate such terms within their divorce. The decision to end a marriage is often painful and emotional, especially when children are involved so time can be a party’s best asset.

The first step in filing for divorce should be to consult a family attorney in Spring, TX. A divorce lawyer will review your situation and discuss all applicable issues with you, such as child custody, property division, and child support. When you’re ready to move forward with the petition, your divorce lawyer will prepare and file a petition with the court on your behalf. Thereafter, your soon-to-be ex-spouse will be served with the divorce papers.

For more information about family law, watch this video and talk to your child custody lawyer. This brief introduction to divorce petitions explains that both spouses may be required to submit financial affidavits and supporting documents to the court. You’ll also learn about some of the temporary orders the court may issue while the divorce is pending.

Although every divorce case is unique, they do tend to share some similarities. For example, many people file for a no-fault divorce, rather than a fault-based divorce. Texas family law statutes allow for both types of divorce. When you visit a divorce attorney near Spring, TX, one of the questions he or she will likely ask is on which grounds you plan to seek a divorce. If you aren’t sure, your divorce lawyer will help you make this decision.

Insupportability

If you prefer to file for a no-fault divorce, your divorce lawyer will prepare the divorce petition based on “insupportability.” Texas family law recognizes insupportability as having occurred when there are unresolvable differences or disagreements present in the marriage. In many other states, this concept is known as “irreconcilable differences.” If you file based on insupportability, this tells the judge that you are not blaming your spouse for any particular misdeeds, such as adultery, which led to the breakdown of the marriage.

Adultery

Adultery is one of the possible grounds for a fault-based divorce. It is one of the primary “fault” grounds for divorce. Proving fault in a divorce may be preferable for some individuals because the court may favor the spouse who is not at fault when determining matters such as child custody, child support, spousal support, and property division.

Cruelty

Texas family law also allows for a fault-based divorce if it can be proven that one spouse is guilty of cruel treatment towards the other spouse. Cruelty can be difficult to prove and its definition can vary from state to state, and from judge to judge. However, cruel treatment is generally defined as repeated demonstrations of rage, physical attacks, the flaunting of adultery, and the intentional transmission of a sexually transmitted disease without the other spouse’s knowledge.

Conviction or Confinement

If your spouse has been convicted, your family lawyer may recommend filing for a fault-based divorce. However, your spouse must have been convicted of a felony and imprisoned for a minimum of one year. If your testimony was used as evidence against your spouse in court, you are ineligible to file for divorce on these grounds. You can also file for divorce based on your spouse’s confinement in a mental hospital for at least three years without hope of recovery.

Abandonment

Abandonment occurs when your spouse has intentionally left you for at least one year. You can also file on the grounds of living apart if you and your spouse have not cohabited for three years.

A child support lawyer should help you explore all aspects of family law in The Woodlands that apply to your particular situation. For example, your family law attorney can help you seek child custody and, once you are established as the custodial parent , your family law attorney can further help you petition for child support payments. Child support is based on the idea that both of the child’s biological parents are financially responsible for meeting the child’s needs. Indeed, the obligation to support your children is found in the Texas Constitution. Child support is intended to go toward the cost of the child’s housing, education, medical care, food, and other necessities.

When you watch this video, you will learn more about the basics of child support and family law. This expert explains that child support guidelines vary from state to state. Wisely, he ultimately urges viewers to get in touch with a family attorney for case-specific guidance.

The disputed divorce is often challenging, particularly because both parties must disclose their personal information, deal with the division of property, and reach an agreement regarding child custody arrangements. A divorce attorney near Spring, TX, can help make this divorce process easier, giving you all the information you need and walking you through the proceedings, step-by-step. Your divorce lawyer can also answer any questions you may have about Texas family law.

Are There Any Residency Requirements?
Yes, Texas family law requires that one or both spouses be a resident for at least six months. Additionally, the party who files the divorce petition must be a resident of the county in which the paperwork is filed for a minimum of 90 days.

What Are the Grounds to File for Divorce?
Texas is a no fault divorce state. This means that it is not necessary to prove that either party is responsible for the breakdown of the marriage. When your divorce lawyer prepares the paperwork, he or she can cite “irreconcilable differences.” However, Texas law does allow divorce on fault-based grounds. Let your family attorney know if you may be eligible to file for a fault-based divorce based on adultery, conviction of a felony, cruelty, or abandonment. Other grounds for divorce in Texas include confinement in a mental hospital and separate residency for at least three years.

How Long Will the Process Take?
This can vary widely, depending on the complexity of your case, and whether you and the other party can come to a mutual agreement. Once the divorce petition is filed, you must wait at least 60 days for the divorce to be finalized. If there are disputes regarding child custody, support, property division, liability distribution, or other issues, the process can take longer.

Is a Divorce Trial Necessary?
In many cases, both parties appear in court and a judge makes the final decisions regarding the matters of dispute. However, it is possible to reach an amicable divorce agreement. You and your spouse can meet in mediation to reach agreements on property, custody, and other matters. Working with a divorce lawyer can help facilitate the mediation process.

When you hire a child custody attorney near Spring, TX, he or she will advise you of what to expect from all stages of the legal process. If you and the other parent cannot come to an agreement regarding child custody , then you may need to attend an evidentiary hearing. During this hearing, your family law attorney will represent you. Nevertheless, you and the other parent will have to testify under oath. While you are under oath, the other parent’s family law attorney will ask you questions, which you are required by law to answer truthfully. Just remember, in a court proceeding, if you do not remember something or do not know the answer to a question, you should say so.

To hear more about the role of the evidentiary hearing in family law, watch this video and consult your child custody lawyer. This expert discusses which other individuals may be questioned under oath at the hearing, such as a minor child. Additionally, certain experts may be called to testify.

Generally, the process of divorce is similar across the country. However, each state sets its own specific family laws . So, if you’re a resident of Texas contemplating divorce, it’s in your best interests to consult a family law attorney serving The Woodlands as soon as possible. Your lawyer can advise you of the applicable laws, explain the steps of the process, and help you in protecting your legal rights.

How Long Does the Divorce Process Take?
If you’ve recently moved to Texas or to a new county in Texas, the divorce process can take a little longer than usual. As your divorce lawyer can inform you, Texas has a residency requirement. You or your spouse must have been a resident of the state for six continuous months. Additionally, one of you must have been a resident of the county in which the divorce papers will be filed for a minimum of 90 days. After the lawyer files the divorce petition, the divorce cannot be finalized for at least 60 days. However, if there are disagreements it may take longer to finalize a divorce.

What Are the Grounds for Divorce?
Like almost all other states, in Texas, you can file for either a no fault divorce or a fault-based divorce. If you can prove that your spouse is to blame for the breakdown of the marriage, it may be in your best interests to file for a fault-based divorce. This is because the judge may consider the fault of the other spouse when determining questions such as the division of marital assets. The grounds for a fault-based divorce include adultery, abandonment, cruel treatment, long-term incarceration, long-term confinement to a mental hospital, and separate residency of at least three years.

Can I Receive Spousal Support?
Spousal support isn’t alimony, and it isn’t automatically granted. However, your divorce lawyer can argue that you should receive spousal support payments. In many divorce cases, a judge may grant temporary spousal support while the divorce is pending if you are unemployed or have significantly lower wages than your spouse. Depending on whether the conditions are met, it is possible for spousal maintenance payments (or alimony) to be ordered paid for up to three years after divorce.

If you’re like most people, the first step in filing for divorce is meeting with a family law attorney in The Woodlands . Though every law firm is different, you should always expect to feel comfortable working with your divorce attorney. To ensure your attorney will help you feel comfortable, there are certain factors to look for in your first meeting with a potential divorce lawyer.

Experience in divorce law
Before you actually hire a particular attorney, you need to make sure that person has handled cases like yours before. However, you shouldn’t wait until your initial consultation to gauge his or her experience. Before you schedule a meeting, look for reviews online and check to see if the attorney has been the subject of professional misconduct cases before. This information is usually available on your state bar association’s website. You can also gauge your attorney’s experience by finding out how many years he or she has practiced family law.

Informative in answering questions
The stage that your divorce case is in dictates what you and your attorney will discuss at that first meeting. For example, your discussions will be very different if your divorce papers have already been filed or you and your spouse have already pledged to use a collaborative divorce process instead of litigation. Either way, your divorce lawyer should be able to answer any general questions about an impending or recently filed divorce case. He or she should also be able to describe the next steps to take as your case progresses.

Maintains confidentiality
No matter what you discuss with your divorce attorney, he or she is bound by attorney-client privilege. As a result, with very few exceptions, the information you discuss at your initial meeting should stay confidential. This is true even if you aren’t sure whether you want a divorce and only scheduled the meeting to gather information about the process. Your right to privacy is critical when it comes to communications between you and your attorney. As a result, you don’t have to worry that your spouse is going to discover what you said to your lawyer.