Texas is a “no-fault divorce" state, which means that a couple needs no more reason to file for divorce than insupportability. This is defined in Texas Family Code § 6.001 as, "discord or conflict of personalities that destroys the legitimate ends of the marital relationship and prevents any reasonable expectation of reconciliation." If you and your spouse have tried repairing your damaged relationship but failed to succeed, divorce may be the best choice. This is also true for cases involving abuse or physical danger. Whatever your situation may be, the Burleson divorce attorney at Coontz Cochran can help.
Not all divorces look the same. Some are relatively amicable and agreed upon by both parties, while others are far more acrimonious. Our firm can help you through myriad situations and issues that arise due to divorce.
Coontz Cochran can provide counsel for cases involving:
Before you begin the process, you undoubtedly have questions you need answered. Some of the most common questions spouses ask before proceeding with a divorce include those listed below.
Texas has seven grounds for divorce if you are seeking a fault-based divorce.
Alternately, if you are seeking a no-fault divorce, the only reason you would need to provide is that there is no chance whatsoever that you and your spouse will be reconciling. The marriage has deteriorated to a point that you can no longer continue living this way.
In general, a no-fault divorce is often simpler and may be less time-consuming. It may also save on costs. However, pursuing a fault-based divorce may play a role in how custody, property and asset division, and alimony are settled. For example, the spouse who was “at-fault” for the breakdown of the marriage may not be able to gain the custody arrangement they were seeking or have their alimony adjusted.
Shared property and larger items that you can't prove fully belong to you should not be taken with you before a divorce is finalized. Anything that is not yours and is not granted to you by the court will have to be returned, so it is usually best to only take items that are certainly yours, such as clothing and small furnishings.
If you and your spouse can't agree upon who should have custodial rights to your children, the court will need to make that decision for you. Typically, whoever has the greater personal income can expect to pay child support to the other, but other factors considered include health care needs for the child, special education needs, and more.
If you and your spouse both agree to a divorce and have no arguments over the main subjects of division—child support, property ownership, alimony, etc.—the divorce is uncontested and will likely conclude smoothly. If any aspects aren't agreed upon, the divorce is contested and will go to court for settlement. You should retain a divorce attorney in such a situation.
Should you and your spouse reconcile after you have already filed for divorce, it is not too late to cancel it. You can request a dismissal form from the county clerk to undo it.
Without legal representation in a divorce case, it is very difficult to obtain fair property distribution or court orders. A Burleson divorce lawyer will have the knowledge and experience to argue your case effectively and obtain a fair settlement on your behalf. Coontz Cochran has handled numerous divorce and family law cases and can advise and support you through each step of the process. Our legal team personalizes your representation to give you the highest chance of success.
Call (888) 858-0536 now to speak with our team.
Prior to joining Coontz Cochran, Jeff Cochran was an associate in the Arlington, Texas office of Hill Gilstrap. He then joined the Firm in 1999. He handles our Family Law litigation practice almost exclusively.