Frequently Asked Questions About Divorce In Texas
When going through a divorce, knowing what to expect can help you navigate the process as smoothly as possible. Naturally, the divorce process will be challenging, but there are resources available to help you manage conflict, make smart decisions and find practical solutions.
At the Law Office of Matt Sossi, we are here to guide you through this difficult time. Our founding attorney, Matt Sossi, is an experienced collaborative divorce attorney and trained family law mediator with more than 25 years of experience. He can help you identify your specific issues and goals, so you can be prepared for the divorce process and your life after the divorce. Following are some common questions that people have about divorce in Texas.
Do I Have To Prove My Spouse Is At Fault?
Texas law recognizes seven different grounds for divorce, and most of those grounds involve fault. However, you do not have to prove fault in an uncontested divorce. With an uncontested divorce — also known as a “no-fault” divorce — you only have to say that the marriage has become insupportable. That means the marriage cannot be saved due to irreconcilable differences between the spouses.
Do I Have To Go To Court To Get Divorced?
With a “no-fault,” uncontested divorce, most of the divorce process can be done outside of court. This is particularly helpful to know if you plan to participate in divorce mediation or the collaborative divorce process. Both divorce mediation and collaborative divorce are alternatives to courtroom litigation. Generally, with our help, you can participate in mediation or collaborative divorce, reach a divorce agreement with your spouse, then ask a judge to approve the agreement. All of this typically involves only one hearing before a judge, and that hearing is mostly a formality if the divorce is uncontested.
If you are interested in uncontested divorce, mediation or the collaborative process, our handbooks are excellent resources:
How Is Property Divided In A Texas Divorce?
In Texas, when both spouses have a right to certain items of property, that property is known as community property. In a divorce, the law presumes that community property will be divided equally between the spouses. However, if they so choose, the spouses may agree on a division of property that is not precisely equal. Both divorce mediation and the collaborative divorce process can address matters of property division. These processes can also take into account separate property, which is property that is owned by only one spouse.
How Long Does The Divorce Process Take?
With an uncontested divorce, the duration of the divorce process will depend largely on how long it takes you and the other spouse to agree on the terms of the divorce. Typically, the terms of the divorce will address any matters of co-parenting or the division of community property. After you have reached an agreement, a petition for divorce can be filed with the court. Usually, the divorce can be finalized 60 days or longer after the petition is filed.
Can Collaborative Divorce Or Mediation Speed Up The Process?
In some cases, yes — but every divorce is different. If you choose to participate in collaborative divorce or mediation, you are choosing to participate in an out-of-court process. This can be much more efficient than depending on the court’s schedule or rules of procedure. Also, going to court to litigate can involve multiple hearings and much pain and heartache. That is why divorcing spouses increasingly choose divorce mediation or collaborative divorce to reach an agreement outside of court. Still, after the divorce petition is filed, there is generally a waiting period of 60 days or longer before the divorce can be finalized, regardless of whether the spouses participated in mediation, collaboration or litigation.
Contact The Law Office of Matt Sossi
We are here to help you decide which divorce process is right for you. To arrange a consultation, please call us in San Antonio at 210-686-6193 or complete our contact form. To book a mediation, please use our convenient mediation scheduling tool. We counsel and represent clients throughout Bexar County and the surrounding areas.