Making the decision to end your marriage is never easy, but understanding the process can make it less intimidating. Texas has comprehensive divorce laws that cover a wide range of issues, from grounds for filing to child custody and property division agreements. Knowing the laws is critical to ensuring your rights are protected and that you can make sound decisions for your future. Our McKinney divorce lawyer can advise you of these laws and help you through the process.

Fault-Based vs. No-Fault Grounds for Divorce

If you are thinking about ending your marriage, you must first know the difference between fault-based and no-fault divorce. No-fault divorces are just as their name implies. The spouse filing for divorce simply states that the couple has irreconcilable differences and that neither party is to blame. 

Fault-based divorces, on the other hand, do assign blame. The spouse filing for divorce alleges that their spouse is responsible for the breakdown in the marriage. In a fault-based divorce, the spouse filing must present evidence to prove their allegations. The grounds for fault-based divorces in Texas include cruelty, adultery, abandonment, felony conviction, and living separate and apart for at least three years. While proof is necessary in these cases, it can result in the wronged spouse receiving more in property division and alimony.

Almost all divorces are no-fault divorces. You should discuss with your attorney whether fault grounds are appropriate in your case, and if so, when the best time is to raise those claims. 

Filing the Divorce Petition

The divorce process officially starts when one spouse files the divorce petition in the county where at least one spouse has resided for a minimum of 90 days. The document states what the petitioner is seeking regarding spousal support, property division, child custody, and other important matters. Filing fees are also paid when the petition is filed.

Serving or Not Serving Divorce Papers

After filing the divorce petition, the spouse who filed must serve the other party with the papers. If the other party does not waive service, then service can be accomplished through certified mail, the sheriff, or a process server. When a spouse cannot be located, the petitioner can file notice in a newspaper publication. Serving the papers is an important step, as it notifies the other party of the divorce and gives them the chance to respond. Failing to complete this step can delay proceedings.

Once the respondent has been served, they have until 10:00 a.m. on the Monday after 20 days have passed since they received the divorce papers. In their response, they can either agree with the terms outlined in the petition or dispute them. This essentially sets the stage for future court intervention or negotiations. If a spouse chooses not to respond, the court can proceed with a default judgment, which ultimately grants the requests of the petitioner.

Temporary Orders

Sometimes, during a divorce, temporary orders are necessary to resolve issues during proceedings. For example, if a couple has a child together, the court may need to issue a temporary child custody order. Temporary orders regarding spousal support, property division, and child support may also be issued. These orders are to ensure that the needs of all parties are met during the process.

Temporary orders are issued by agreement or following a hearing. During the hearing, both sides present their arguments and evidence to support them. The judge will consider the needs of children, financial equity, and any allegations of misconduct. These hearings are very important, as any temporary orders issued can shape the outcome of the final terms of the divorce.

Divorce proceedings can often take some time, and as they move forward, either party’s circumstances may change. These changes may prevent one spouse from fulfilling their obligations, such as paying spousal or child support. It is possible to modify temporary orders, but only by agreement or with court approval. Either party that wishes to modify a temporary order must petition the court to make the change and prove that there has been a substantial change in circumstances. A McKinney divorce lawyer can help you prove your case when pursuing a modification of temporary orders.

Resolving the Terms of the Divorce

In an uncontested divorce, the couple can simply agree to all terms, including property division, spousal support, child custody, and more. In uncontested cases, you can often submit all necessary paperwork to the court and resolve your case via affidavit. Contested cases, in which the two spouses do not agree on one or more terms, are much more complex, and a trial is sometimes required. 

Spouses can negotiate the different terms of divorce, and if they cannot reach an agreement, they will have to go to court and allow a judge to make all final decisions. Settlement negotiations can continue until the judge makes their decision.

The terms of divorce include the following:

• Property division: Texas is a community property state, so all marital property is divided in a manner that is “just and right.” This is usually 50/50 or close to it, but can vary depending on the circumstances. Financial professionals may have to appraise certain types of property, and marital debts are divided in a similar manner.
• Conservatorship/Possession and access (formerly child custody): Only the best interests of the child are considered in child custody matters. In Texas, parents are granted  conservatorship (rights) and possession and access (time) of the minor children. The Court rarely grant the parents 50/50 time, unless the parties agree to that schedule. Mot parents will be joint managing conservators with basically equal rights.The higher-earning parent, or the parent with less parenting time may be required to pay child support to cover some of the costs of raising the children.
• Spousal support: Texas has some of the strictest spousal support laws in the country. Spouses typically only qualify if they are unable to support themselves and they have been married at least ten years.

Post-Divorce Modifications

Just as temporary divorce orders can be modified, so too can final orders, so long as they pertain to the rights of the parents to spend time with and make decisions for their children. Again, anyone who wants to modify a final divorce order must petition the court for approval. They must also show that there has been a substantial change in circumstances that prevents them from fulfilling their obligations under the current order.

Our Divorce Lawyer in McKinney Can Help You Through the Process

Divorce is an emotional and complicated process, and it is important to be prepared and understand what to expect. At The Draper Law Firm, PC, our McKinney divorce lawyer can advise you on the divorce laws in Texas, take the time to understand your goals, and help you obtain the best outcome possible. Call us now at 469-840-3580 or fill out our online form to schedule a consultation and to get the legal help you need.