Divorce can be a painful and very difficult process. Understanding how Texas divorce laws operate and gaining knowledge as to how the court plays a role in divorce can play a key role in making the transition out of married life.
By seeking an attorney who is proficient in applying the laws, you possibly can alleviate turmoil in the future and lessen the worsening of your current situation.
Very common is the fault-based divorce. These can be contested and may involve allegations of collusion of the parties, connivance, or provocation by the other party.
There is also a no-fault divorce, which does not require an allegation or proof of fault of either party to dissolve a marriage. Up to 49 states have now adopted no-fault divorce laws, allowing incompatibility, irreconcilable differences, and irremediable breakdown as grounds for the divorce. Proof of fault is still required in the state of New York.
Almost 95% of divorces in the United States are uncontested, due to the fact that the parties have the ability to reconcile ownership of property, debt, child custody, and support issues. Approval of the divorce is almost always granted when the two parties are able to present the court with a fair and equitable agreement. If an agreement cannot be solidified, the laws govern the equitable disposition.
Generally, there are two types of property recognized by divorce laws during property division proceedings: marital property and separate property. Property that the spouses acquire individually or jointly during the marriage is called marital property. Separate property, on the other hand, is property that one spouse purchased and possessed prior to the marriage and that did not substantially change in value during the course of the marriage. Modern divorce laws dictate that separate property return to the original owner, while marital property id divided in accordance with the negotiated settlement and what the court deems equitable.
When divorce cases involve children, these laws help to ensure that the matter of divorce does not overflow into the family court system. Many jurisdictions today require that the divorcing parents create and submit a parenting plan which clearly outlines each party’s rights and responsibilities.
Alimony may also be established through divorce laws, and often depend on the length of the marriage.
James S. Bell has years of experience in family law, and has negotiated significant settlements for his clients. Call us or e-mail us today to schedule an appointment with one of our attorneys to discuss the specifics of your possible divorce and other family law matters.