How Does Divorce Work?

How Does Divorce WorkEach state has its own rules for divorce. If you live in Texas and plan to divorce in this state, you must abide by the state laws which govern how divorces work. When couples marry, generally they merge all aspects of their lives—bank accounts, earnings, furnishings and other assets. Add to this children who are a product of the marriage, and the process of divorce can be fairly complicated. It is very important that you work with a Bryan divorce attorney when seeking a divorce for this reason.

Grounds for Divorce

When you divorce, the first thing you need to do is decide the reasons under which to file. Texas is what is termed a mixed state, which means that you may file either a no-fault or at-fault divorce. There are three no-fault grounds:

  • One spouse has been confined to a mental hospital for at least three years.
  • The spouses have been living apart for at least three years.
  • The marriage is unsupportable, which means that because of conflict or other problem the marriage cannot be saved.

There are four at-fault grounds for divorce:

  • One spouse has inflicted either physical or mental cruelty.
  • A spouse has been convicted of a felony.
  • One spouse has abandoned the other for at least one year with the intent not to return.
  • A spouse has committed adultery.

Whether you file an at-fault or no-fault divorce can have significant implications for such matters as child custody, spousal support, and child visitation.

Obtaining the Divorce

Once you have determined grounds, it is time to complete and file the Original Petition for Divorce with the District Clerk in the county where you or your spouse lives. You must serve the other party with a copy of the petition. This can be done through a process server or sheriff. Your spouse then has a limited time during which to respond.

There are certain issues that must be dealt with in order to be granted a divorce. Among these are:

  • Division of property
  • Arrangement for child custody
  • Determination of who pays child support, and how much
  • Whether spousal support will be granted
  • What to do with shared indebtedness
  • Child visitation

Each of these issues can be fairly complicated, especially if the two divorcing parties cannot agree upon them from the outset. The divorce may also be contested or non-contested. The way each is handled is somewhat different. For these and other reasons, it is essential that you have a strong and experienced lawyer in your corner to help you.

We Can Help You with Your Divorce

If you are planning to divorce, you need to have a Bryan divorce lawyer on your side that understands the laws thoroughly and will fight for you. Call Peterson Law Group today to arrange a meeting at 979-703-7014 or 936-337-4681.

About Chris Peterson

Chris Peterson is an attorney and the owner and founder of Peterson Law Group, a Texas law firm with offices in Bryan/College Station and Kingwood. He mainly practices in the areas of Estate Planning and Business Planning. Chris is also a Certified Estate Planner. Besides his law practice, Chris is a serial entrepreneur and community volunteer. He is known for his cutting edge law practice that utilizes technology to deliver efficient, excellent work.