Top 10 Things to Know Before Filing for Divorce in Texas

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The Haugen Law Firm, P.C. Difference: Critical Knowledge Before Filing for Divorce

Going through a divorce can be one of the most challenging moments in your life. To make confident, well-informed decisions, it’s important to understand how the divorce process works in Texas. At Haugen Law Firm, P.C., we believe that informed clients are empowered clients. Here are the top 10 things to know before filing for divorce in Texas:

1. Texas Has a 60-Day Waiting Period.

Texas law requires at least 60 days between the date the divorce is filed and the date it can be finalized, unless there's family violence involved.

2. Texas Is a Community Property State.

All assets and debts acquired during the marriage are presumed to be community property and are divided equitably, although not always in a 50/50 ratio.

3. Fault vs. No-Fault Divorce

You can file for divorce based on "no-fault" (insupportability) or cite a specific fault such as adultery, cruelty, or abandonment. Citing faults can impact property division and spousal support.

4. You Must Meet Residency Requirements.

Either spouse must have lived in Texas for at least 6 months and in the county of filing for at least 90 days prior to filing.

5. Legal Custody Is Called "Conservatorship."

Texas uses "conservatorship" for legal custody. Courts often favor joint managing conservatorship, where both parents share rights and duties based on the child's best interest.

6. Child Support Follows State Guidelines.

Texas has a formula for calculating child support based on the paying parent's income and the number of children. Courts can deviate from the guidelines if warranted.

7. Spousal Maintenance Is Limited.

Texas has strict rules regarding spousal maintenance (also known as alimony). It's uncommon and typically awarded only in cases involving long-term marriages, family violence, or disability.

8. You'll Need to Disclose Financial Information.

Both spouses must provide a full accounting of income, assets, debts, and expenses. Hiding assets can result in penalties.

9. Uncontested Divorce Can Save Time & Money.

If both parties agree on all terms, the process can be as fast as 61 days and less costly.

10. A Good Attorney Makes a Big Difference.

Divorce is a legal process with long-term financial and family implications. Working with an experienced attorney protects your rights every step of the way.

Ready to take the next step? Call Haugen Law Firm, P.C. at (972) 460-6798 or contact us online for trusted legal guidance in Texas.

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