Divorce and Family LawDivorce Father

Getting a divorce is much more complicated than getting married.  Our goal is to put our clients in the best position possible.

Texas has a sixty-day waiting period to finalize a divorce.  What that means is that after a divorce case is filed, the court will not finalize it for at lease sixty days.  There's no requirement to separate for any specific amount of time or to establish two households before the divorce case is filed.  

Texas is a community property state - this means that on the day you get married, you start creating community property.  What each of you owned when you got married is still your separate property, but whatever you earn or create while married is community property that you each own 50-50, and it doesn't matter which one of you earned it or created it.  It also does not matter if the title for that property is only in one your names.  Of course, there are exceptions: anything you inherit or receive as a gift during marriage is your separate property.

Texas has common law marriage.  This means that if two people do not have a ceremony to get married but (1) they live together, (2) they tell other people that they are married and (3) they want to be considered married, then under Texas law, the couple is married.  As an example, this happens when a couple is living together and decide to put one person on the other's insurance policy as a spouse.  Texas does not have common law divorce.  A couple in a common law marriage will still need to go through the divorce court to stop being married.

When a couple has children and are getting divorced, the couple must make many decisions about custody (where the the child live most of the time and how much time will the child spend with the other parent) and child support.  If the couple cannot agree, there are guidelines under the law that the Court will apply.  As soon as a child is involved, the main issue for all Court orders about the child will be what is in the best interest of the child.

If you or your spouse have served in the military, special military law provisions may apply to your situation and you would benefit from having a lawyer who knows and understands these rules.  As a former Air Force JAG, Penny knows the rules that could affect your situation.  Military discounts are available.  Phillips Law Firm offers military discounts to active duty, reservists, guard, honorably discharged veterans and the spouses of military members in these categories.

Other Family Law issues where we can help you: adopting a child, parental rights issues, like custody, child support modification or enforcement, and even termination of parental rights. 

Texas has a "no fault" divorce provision, or it is possible to get a divorce on various "fault" grounds, like adultery.  Even in a "no fault" divorce, Texas law allows the court to consider fault in the breakup of the marriage when the court is dividing the community property.

If you need help in these areas, please call 972-861-0126 or write for more information. 

Because of the generality of this website, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.


 

 

 

 

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Phillips Law Firm | 1800 Preston Park Boulevard | Suite 245 | Plano | Texas | 75093 | (972) 861-0126

 

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