5 Big Things to Know About Divorce in Texas

If your marriage has reached its end, whether it lasted a few years or a few decades, chances are you’re unsure about the process and what your life might look like during and after your divorce. It’s completely normal to feel overwhelmed; after all, life is changing.
The divorce attorneys at The Schneider Law Firm in Fort Worth, with decades of experience in family law, wanted to share answers to a few of the most common questions we receive from people when they first come to our office. There are obviously many more questions than these, and perhaps we’ll cover them in a future blog post, but we wanted to provide at least some insight here to help you get grounded.

1. Do We Need Fault Grounds to Get Divorced in Texas?

No, Texas is a no-fault divorce state. That means a spouse can file for divorce by simply claiming there are irreconcilable differences or that the marriage has become “insupportable,” which means there is a conflict of personalities that can’t be reconciled. No-fault divorces are by far the most common. However, judges can take fault into account in cases involving adultery, cruelty or abandonment. Fault can have an effect on property division.

2. Will Our Property Be Divided Equally?

Texas courts are not required to give each spouse an equal share of the marital property. The law says property division must follow a “just and equitable distribution.” That could mean, and often does mean, that one spouse ends up with more property, or property of higher value, than the other.

3. How Long Does a Divorce Take? Is There a “Quickie Divorce”?

It depends on what you think of as “quick.” Texas law has a mandatory minimum waiting period of 60 days before any divorce can be finalized. The 60 days begins on the day the divorce petition is filed. Additionally, if you are new to Texas, or new to a county in Texas, other waiting periods apply. Prior to filing for divorce, one of the spouses must have resided in the county for 90 days. And, one of the spouses must have been a Texas resident for at least six continuous months. Check out our full blog post on this topic.

4. What Happens With My Living Situation Once Divorce Is Filed?

If the parties cannot agree on living arrangements for themselves and their kids, then a temporary orders hearing will be held shortly after the initial divorce filing. These hearings are used to decide:

  • Where each spouse will live
  • An initial child custody arrangement
  • Temporary spousal support or child support
  • Which bills each spouse is responsible for paying
  • Who gets which vehicles
  • And other preliminary practical matters

5. Do We Go to Court Right Away After Filing?

Most cases, in fact, settle out of court. Mediation will be ordered in the vast majority of cases. Texas judges want the couple to work out the issues and only come to court in the last resort, because it is harder on children, and more expensive.

Our Fort Worth Lawyers Are Here to Help

The Schneider Law Firm has handled thousands of Texas divorces and our attorneys are ready to help protect you and your kids. Call our Fort Worth attorneys for a free consultation at817.755.1852 or contact us online today.

Sources:
https://texaslegal.org/texaslegal-blog/5-must-know-facts-about-divorce-in-texas#
https://smartasset.com/retirement/texas-divorce-laws
https://www.dmagazine.com/sponsored/2019/02/10-things-to-know-about-getting-a-divorce-in-texas/

Divorce Rates Are Dropping and Millennials Are the Reason

Back in the early 1980s, statistics said 50 percent, or even slightly more, of all U.S. marriages ended in divorce. That threshold – half of all marriages breaking down – deeply affected people. The number seemed to burrow its way into the American psyche. Even today, in the midst of a 35-year decline in divorce rates, many still believe that a majority of marriages disintegrate even though experts now say just 39 percent of marriages will end in divorce.

The declining divorce rate sounds like good news. Marriages must be getting stronger, right? It turns out that the reality is a little more complicated.

Divorce Statistics Can Be Deceiving

According to a paper published by University of Maryland sociologist Philip Cohen at the end of 2018, the divorce rate between 2008 and 2016 declined by 18 percent. But, Cohen says, the drop isn’t the result of people being happier and staying married longer. The data instead show that younger couples, specifically millennials, are approaching the entire idea of marriage much differently, and their approach is altering the divorce rate.

The study showed millennials are getting married less often. And you can’t get divorced if you never get married. “Fewer people are getting married,” Cohen says, “and those who do are the sort of people who are least likely to get divorced. The married population is getting older and more highly educated. Marriage is more and more an achievement of status, rather than something people do regardless of how they’re doing.”

Sociology professor Andrew Cherlin of Johns Hopkins University points out that the decline in divorce rates is most prominent among college graduates. That’s because college graduates tend to focus on their careers first, taking time to establish a relatively stable financial base for themselves before getting married. 

Cherlin also notes an important byproduct of this financially driven patience. By waiting, people also become older. “If you’re older, you’re more mature … making it less likely that you’ll get into arguments with your spouse” that are so severe as to threaten the marriage itself.

But the choice to postpone or even avoid marriage isn’t just seen among highly educated groups. Many poorer and less educated Americans are choosing to skip marriage as well. Cohabiting is on the rise, as is raising children while living together but opting not to get married. 

Legal Advice for Divorcing or Never-Married Individuals 

Are you facing divorce in Texas? Or perhaps you’re unmarried but you have children and need help with custody arrangements. Whatever your family law need, the lawyers at the Fort Worth office of The Schneider Law Firm are here to help. Call 817.755.1852 or contact us online.

Divorce Rate Sources:

https://time.com/5434949/divorce-rate-children-marriage-benefits/

https://www.houstonchronicle.com/life/article/Millennials-spur-a-drop-in-divorce-rates-13448396.php

https://www.theatlantic.com/family/archive/2018/09/millennials-divorce-baby-boomers/571282/

https://time.com/5405757/millennials-us-divorce-rate-decline/