What is Divorce in Texas?
Divorce is one of the most challenging experiences a person can go through. Craig Michalk is an experienced family law attorney who is here to help you through this stressful time. Below is general information about divorce in Tarrant County, Texas.
If you need assistance with the divorce process, contact me today at 817-282-9895 for a free consultation.
Divorce in Texas
Before you can file for divorce in Tarrant, you must meet specific residency requirements. You or your spouse must have lived in the state of Texas for at least six months. Additionally, you must have lived in Tarrant County for at least 90 days. There are certain exceptions for military members.
Who Can File for Divorce in Tarrant County?
Texas is a no-fault divorce state. This means that you can file for divorce in Tarrant County without having to prove that your spouse did something wrong. Most individuals file a divorce on no-fault grounds.
However, you have the option of filing divorce on fault grounds, including:
- Adultery – Your spouse was unfaithful during your marriage.
- Abandonment – Your spouse left with the intent to abandon you and has been gone for more than one year.
- Felony Conviction – Your spouse was convicted of a felony or imprisoned for more than one year during your marriage.
- Cruelty – Your spouse made cohabitation impossible due to physical or verbal abuse.
If you prove a fault ground for divorce, the court will take it into consideration when making decisions about property division and spousal maintenance.
What is the Divorce Process in Tarrant County?
Every divorce is different, and the divorce process depends significantly on your unique situation. A divorce always begins with filing a petition in Tarrant County but can many different turns, depending on several factors. Your divorce may include collaborative divorce, mediation, and/or a court trial.
In a collaborative divorce, the couple works with trained professionals to resolve their divorce outside of the courtroom. The parties must agree that their lawyers will be disqualified from representing them in court if they cannot come to a resolution.
Mediation is a frequently used tool to negotiate the terms of a divorce. It is a private and confidential process where the couples work with a neutral third-party to promote settlement. You are allowed to have an attorney represent you during the mediation process.
If you are unable to settle your divorce, there will be a court proceeding. The spouses will present evidence in a hearing, and the judge will ultimately decide the terms of the divorce. Litigation is typically the most time-consuming and expensive option.
How Long Will My Divorce Take in Tarrant County?
The amount of time it takes to get a divorce in Tarrant County depends on your situation’s unique circumstances. The time period can range from a couple of months to years.
Under Texas law, there is a 60-days waiting period from the date of filing before the divorce can be finalized. After the waiting period is over, both you and your spouse will have to sign the divorce decree and appear in front of a family court judge in Tarrant County. The divorce is final after the judge signs the divorce decree. If the divorce is uncontested, the divorce process is streamlined, and it could be final after only a couple of months.
If the divorce is contested or involves a highly complex property division, the divorce will take more time. The quicker you and your spouse come to an agreement, the faster your divorce will be over.
What Matters Will Be Addressed During My Divorce?
A divorce does more than legally end your marriage. Throughout the divorce process, you and your spouse will address what will happen moving forward. Issues that arise during a divorce include:
- Child custody and visitation,
- Child support,
- Parenting plans,
- Property division, and
- Spousal maintenance.
Your Tarrant County Divorce Attorney
Whether your divorce is contested, uncontested, collaborative, involves a same-sex couple, or a member of the military – Craig Michalk is a divorce attorney here to help. With years of experience working in Tarrant County, our team will be able to assist you with your legal matter.
Your initial consultation is free, so call us today at 817-282-9895 to schedule an appointment at our Bedford, Texas office.
The Law Office Of Craig S. Michalk provides experienced legal counsel in all areas of family law; including divorce, child custody, child support, paternity, adoptions, modifications, enforcements, and name changes.
We represent clients in the Tarrant County, Texas communities of Arlington, Azle, Bedford, Colleyville, Euless, Fort Worth, Grand Prairie, Grapevine, Haltom City, Haslet, Hurst, Keller, Lake Worth, Mansfield, North Richland Hills, Richland Hills, Roanoke, Saginaw, Southlake, and Watauga.
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