Divorce Attorney in Galveston, TX
Getting divorced can be one of the most difficult and emotional moments of your life, especially if you are not the one who filed. There are many different situations that can lead to a divorce in Texas. Many of them can be embarrassing and difficult to accept. Other times, you may be the one who pursued the divorce, and you’re looking for help in avoiding being taken advantage of. Either way, you want a Galveston divorce lawyer in your corner to help your case.
The legal team at The Law Offices of Tad Nelson & Associates understands the inherent complexities of a divorce case. It’s understandable to be upset, confused, and worried about the outcome of your divorce. A Galveston family lawyer’s help can end up being invaluable to your case. As you try to navigate the sometimes complicated divorce laws of Texas, you want an experienced Galveston divorce attorney to provide guidance, assistance, and knowledge.
Grounds for Divorce in Texas
If you choose to file for divorce in Galveston, your case can be filed through the Galveston County District Clerk’s office, with your divorce hearing taking place at the Galveston County Courthouse on 59th Street. You’re not alone in your divorce. Texas has a divorce rate of 2.1 per 1,000 people and a marriage rate of 49%, and divorces are a common occurrence. What matters is that you need to be prepared when you have to file or when you’re served.
Texas is a no-fault divorce state, which means you do not need to establish grounds for ending your marriage. However, Texas also allows for fault-based divorce, which can influence asset division. You want to be sure that you explore all avenues available to you for your case. Here are the grounds for divorce in Texas:
- Insupportability. This is the way that no-fault divorce is labeled in Texas. It’s common to file on grounds of insupportability. The marriage is no longer supportable due to a conflict of personalities or discord that can’t be worked through. It’s possible that you and your spouse may file for an uncontested divorce together. If you agree on custody and asset division, you may not even need a lawyer for a no-fault divorce.
- Cruelty. One of the fault-based grounds for divorce in Texas is cruelty. The court allows you to pursue a divorce from your spouse if you have documented evidence that they are making it impossible to live with them due to their cruel acts towards you. This can take the form of physical cruelty, such as abuse, emotional cruelty, such as humiliation and isolation, and financial cruelty, which includes controlling finances.
- Adultery. If you find out your spouse has been unfaithful, it can shatter your worldview and permanently harm your ability to trust. It’s understandable to want to use that knowledge to seek accountability and justice in a divorce. In Texas, adultery can change the division of community property in your favor, especially if you can prove they wasted marital assets in pursuit of their affair. Document everything and build your case.
- Felony conviction. You can pursue a divorce if your spouse has a felony conviction, was imprisoned for at least a year, and has not received a pardon from the governor. If the conviction was based on your testimony, you cannot be granted a divorce based on this ground.
- Abandonment. If your spouse simply abandoned you and the marriage, that can be grounds for a divorce, but only if the spouse left with the intention of abandoning the marriage and stayed away for at least a year. The departure has to be fully voluntary, intentional, and without the other spouse’s consent or any reasonable expectation of reconciliation in the future. This can be fairly easy to prove in court.
- Living apart. If you and your spouse have lived separately for a minimum of three years, you are able to use that as grounds for divorce. Texas does not recognize legal separation as a precursor to divorce. Couples remain legally married until the final divorce decree is signed, regardless of how long they have been living apart. This also means that you only have to show that you’ve been living apart, rather than filing official separation papers.
- Confinement to a mental health hospital. If your spouse has been declared legally insane and has been committed to a mental hospital for treatment, you can pursue a divorce. For this to be considered grounds, your spouse must be committed for a minimum of three years, and there must be evidence that shows their mental disorder makes a relapse probable if they are released.
The Divorce Process in Texas
If you wish to pursue a divorce in Texas, you have to make sure that you adhere to the state’s filing requirements. This is one of many reasons why it’s so useful to have an experienced divorce lawyer helping you through this process. If you miss a step or fill out a form incorrectly, it can cause the process to be prolonged, which can make it more expensive and sometimes more painful. Here is a rundown of the major steps in the divorce process in Texas:
- Residency requirement. The first thing you have to consider before filing is the state’s mandatory residency requirement. You or your spouse has to have lived in Texas for the last six months, and one of you has to have lived in the county you’re filing in for at least the past 90 days. If you don’t fulfill these requirements, you have to wait to file until you do.
- Filing the petition. You have to decide whether you want to pursue a no-fault divorce or file for fault-based reasons. Once you make that decision, you have to file the original petition for divorce with the district court in your county. In that petition, you can request issues like asset division or child custody to be addressed when your hearing comes. You generally need to pay a filing fee, which varies from county to county.
- Notify your spouse. This step can often be difficult, especially if you are filing for divorce without your spouse’s knowledge. Once you file, the other spouse needs to be notified of your intent to divorce. They must be formally served with the divorce petition by either a process server or a constable. There’s a chance that they may make a scene and attempt to angrily contact you. You don’t have to answer them if you don’t want to.
- Negotiation. Texas requires a mandatory waiting period of 60 days from the time the petition is filed before you can finalize your divorce. During that time, you should be preparing your case and negotiating with your spouse about the finer details of your divorce. Your spouse is given 20 days after being served to formally respond to the petition. This is the time when you would attempt to work out custody arrangements and parenting plans. If things are tense, the court can grant temporary orders for the use of property, child custody, and child support until the court makes a permanent decision for you.
- Uncontested divorce. One way that a divorce is finalized in Texas is when both parties agree to an uncontested divorce and file everything together. Ideally, this is what you want in a divorce case. You and your spouse agree on all issues, create the final divorce decree by yourselves, and a judge signs off on it. You both go your separate ways, and that’s the end of it. Unfortunately, these ideal situations are somewhat rare.
- Contested divorce. Most divorces tend to be contested, especially if one spouse doesn’t want a divorce and decides to use the process for revenge. Your spouse may try to drag this out as long as possible just to hurt you. They may request more than they deserve in asset division. They may try to hide assets. In these cases, the court may have to decide the contested issues for you if mediation can’t work.
- Enforcing a prenup. If you have a prenuptial agreement in place, you may be able to avoid losing certain assets. Make sure you have a copy of the prenup that was signed voluntarily by both parties and fully discloses all finances. You may already have an asset division outlined in writing, as well as whether you or your spouse plans to waive spousal support.
FAQs
Q: How Much Does a Lawyer Cost for a Divorce in Texas?
A: There is no way to tell how much a lawyer may cost for a divorce in Texas, since every divorce case is unique with its own contributing factors. You have to consider the filing fees, as well as what you could lose during asset division. Additional factors that can influence your lawyer’s fee for their services include the complexity of your case, whether or not your divorce is contested or uncontested, and your lawyer’s experience handling cases similar to yours.
Q: What Is the 10-Year Rule in Divorce in Texas?
A: The10-year rule in a Texas divorce refers to the eligibility threshold for a lower-earning spouse to receive court-ordered spousal maintenance, also known as alimony. If the marriage lasts 10 years or longer, a spouse is generally expected to ask for spousal support if they cannot earn enough on their own to support themselves. There is no guarantee that it is going to be granted, but the court can consider the request.
Q: What Shouldn’t I Do During a Divorce in Texas?
A: There are many important actions you should never take during a divorce in Texas. Try not to make any impulsive decisions, and don’t post anything on social media that speaks ill of your spouse. Most of all, never try to hide assets. Hiding assets is illegal in Texas. If you are caught doing it, asset division may be in your spouse’s favor. You could also end up facing criminal charges for fraud.
Q: What Is My Spouse Entitled to in a Divorce in Texas?
A: Since Texas is a community property state, your spouse is generally entitled to half of all marital assets accrued during the marriage. This includes any property, bank accounts, and debts. Any premarital assets are considered separate property and won’t be distributed. The asset split can change depending on many different factors, including whether or not you are filing on fault-based grounds. Adultery, felony convictions, and cruelty can influence a judge greatly.
Q: How Long Does My Divorce Take to Finalize?
A: Generally, a divorce in Texas can take a minimum of 60 days to finalize, as that’s the mandatory waiting period between filing and finalizing. However, they often take considerably longer than that. Uncontested divorces often take much less time to finalize, since both parties are on the same page. Contested divorces can sometimes take more than a year to finish, especially if there are disputes over custody and property. It takes as long as it needs to take.
Hire a Divorce Lawyer as Soon as Possible
The biggest mistake you can make in your divorce case is failing to hire a divorce lawyer to oversee your case. A divorce can easily become overwhelming, confusing, emotional, and devastating, especially if this is the first time you have ever dealt with a life change like this or were not expecting it. The more help you have, the easier it can be to see this through to the end. An accomplished divorce attorney can often make all the difference.
For more than 35 years, the legal team at The Law Offices of Tad Nelson & Associates has been providing the Galveston area with top-quality legal representation. Founder Tad A. Nelson has been involved in over 400 jury trials and has been recognized as a Super Lawyer for over 10 consecutive years. Together, our firm can help you figure out the next steps for your divorce.Contact us to speak to someone who can provide guidance and a way forward.