Divorce is difficult for everyone involved; the parties, children, family and friends. Therefore, we recommend that if you can stay together and make your marriage work, you should. However, there are times when divorce is necessary. Should you find yourself needing a divorce, we are here to help you through the process in an ethical manner while insuring that you understand your rights and options.
Unsupportability – No Fault Divorce
In Texas, a divorce is most commonly granted on the basis of unsupportability, which means your marriage is no longer working and reconciliation is not possible. This is often called a “no fault” divorce. A divorce can also be granted for cause. Sometimes, if a divorce is granted for cause, it will affect the award of property and the distribution of debt. Texas is a community property state. The presumption is that the property the parties own is community property and will be divided 50/50, but this can be altered for good cause.
Spousal support may also be awarded to one of the parties. In determining whether to award spousal support, the court looks at several factors, including, but not limited to, how long the parties have been married and each party’s earning potential. While the ability to award spousal support has been expanded by the Texas Family Code, it is my belief that the courts still prefer not to award it unless they find it absolutely necessary.
Finally if you have children, the court will address all the child issues as well. For example, child support and child custody.
Fort Worth Family Law Attorney to Protect Your Rights
I highly recommend that you consult an experienced family law attorney if you are facing a divorce. There are many issues involved in divorce cases and many people have received inaccurate information from well meaning friends. In my opinion, your first step should be to assess your rights so that you can make an informed decision as to how you want to proceed.
Don’t tread the path of divorce alone. Contact the Law Office of Wendy L. Hart today at (817) 842-2336 for a consultation.