Divorce

by Deborah Coleman

Divorce is defined as the legal ending of the marital relationship. As a marriage is coming to an end, it is important to know your legal rights and options. This is an extremely stressful time and emotions run high. Knowing what resources you have available to you will enable you to negotiate your way through this difficult period in your life.

Divorce in Texas

In Texas, a divorce can either be granted for “fault” or “no fault.” In a “no fault” divorce, a party has to tell the Court that the marriage has simply broken down and that there is no hope for reconciliation.

A “fault” divorce in Texas is a divorce based on cruel treatment, adultery, conviction of a felony with imprisonment of at least a year, abandonment in excess of one year, living apart for at least three years, or confinement in a mental hospital for at least three years without hope of recovery. A “fault” divorce is most likely when there are contested issues involving children or property and the other party’s past behavior should be taken into consideration by the Court. At Bailey & Galyen, our experienced divorce attorneys will consider your case carefully to help you determine whether a “fault” or “no fault” divorce is right for you.

Additionally, a Texas divorce can either be contested or uncontested. An uncontested divorce is one in which you and your spouse have agreed on all matters, both children and property related. A contested divorce is one where there is not complete agreement. A contested divorce is not necessarily a hostile one. It simply means there is a disagreement that must be resolved.

The child related matters that must be decided are:

  • the rights and duties of each parent
  • the possession schedule of each parent
  • child support and health insurance for the child

The property issues include determining what property is community property and what property is separate property, the value of that property, the division of property and alimony/spousal support.

The child and property issues are most often resolved in one of three ways:

  • settlement through informal negotiations
  • settlement through mediation
  • final trial

Our attorneys will help guide you through the processes and do all that is possible to promote your position to obtain the best result for you.

It is important that you not go through this trying and emotional time alone. The experienced Family Law Attorneys at Bailey & Galyen will work with you to give you the counsel you need to make the important decisions facing you regarding the ending of your marriage and the future of your children.

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