Ending a marriage is a stressful, complicated, and often expensive life event. Yet, divorce is necessary when a marriage is beyond repair. Divorce legally terminates a marriage. Texas is a “no fault” divorce state, meaning you do not have to prove fault to get divorced in Texas. You can divorce simply if your marriage has become “insupportable,” preventing any reasonable expectation of reconciliation. However, there are fault-based grounds, like adultery, cruelty, abandonment, and felony conviction, which you can allege in a divorce proceeding.
Before filing for divorce, it is essential to understand your options. If you reach out to The Stout Law Firm, PLLC, our family lawyers can advise you on how to dissolve your marriage, what the process involves, and what may happen afterward. We cannot decide whether the time is right to end your marriage, but we are passionate about providing our clients with the information they need to make the best decision.
What Does a Divorce Involve?
A divorce may address the following:
- Child custody and visitation,
- Child support,
- Spousal support, and
- Property division.
Spousal Support
Spousal support is called spousal maintenance in Texas and is awarded under limited circumstances. Court-ordered payments depend on factors like the length of marriage and a spouse’s ability to meet their minimum reasonable needs. In Texas, the law also limits the amount of spousal maintenance that may be awarded. Monthly spousal support may not exceed $5,000 or 20% of the payor spouse’s average monthly gross income, whichever is less.
Property Division
Texas is a community property state, meaning each spouse is equally entitled to marital property. Community property typically includes all property earned or acquired during the marriage. Separate property includes:
- Property owned or claimed before marriage,
- Property acquired by gift, devise, or descent, and
- Recovery for personal injuries, except any recovery for loss of earning capacity during marriage.
The court must divide community property in a “just and right” manner. As a result, a court may not always split property evenly. A court may order a disproportionate division of the community estate under certain circumstances, for instance when a party pleads and proves a fault-based ground for divorce.
The Stout Law Firm Can Help
If you are wondering about your options for divorce in Texas, contact the Stout Law Firm, PLLC. Our experienced attorneys can advise you on your options moving forward.
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