Divorce


Call 214-693-2667 for a Free initial consultation to protect your rights and assets. Divorce is never easy. The breakup of a relationship, child custody disputes, and disagreements overproperty and future income are among the toughest challenges life can bring.

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If your marriage is destined for divorce in Texas, don’t let anyone tell you that you don’t need a lawyer. Divorce causes fear, doubt and suspicion. Otherwise agreeable spouses often become manipulative, and will try to convince you that you don’t need an attorney. Don’t listen to them. They are only trying to protect themselves. Your future is at stake. Consult a Texas lawyer.

You are not alone. According to recent studies, more than 50 percent of today’s marriages will end in
divorce. It is during this tough time that you need a friend; a true friend who is genuinely interested in
the future well-being of you and those whom you love. You need a friend who knows how to protect
you; someone who will make it their business to see that you get all you need and all you deserve. If
you find yourself needing a friend who knows the law, and understands what you are going through,
then you owe it to yourself to find a Texas Divorce Lawyer.

If you need a lawyer contact The Law Office of Andrew Oostdyk at 214-693-2667 for a free initial
consultation. If you don’t contact our Law Office, please contact a lawyer to protect yourself.

Texas Divorce – An Overview

Contemplating divorce is always difficult. Involving a knowledgeable Texas family law attorney
as soon as possible in the divorce process is one of the best ways to preserve your own long-term
financial and emotional health.

Grounds for Divorce

A divorce is a method of terminating a marriage contract between two individuals. In Texas, divorce
can either be “no fault” or fault-based. No fault divorce is a marital termination proceeding where
the divorce is granted without either party being required to show fault (show that the other party
caused the breakdown of the marriage). Under no fault rules, either party may obtain a divorce, even
if the other spouse does not consent to the divorce. Married people can get a no fault divorce if their
marriage has become “insupportable” or if the couple has been living apart for three years.

Texas divorces can also be fault-based, requiring one person to give a legal reason in order to get a
divorce.

In Texas, divorces can be granted on the grounds of (1) adultery; (2) abandonment; (3) incurable
insanity; (4) felony conviction and imprisonment; or (5) cruel and inhuman treatment. Typically, a
fault-based divorce is pursued if one party wants the court to consider the conduct of the other party
when deciding on how the property of the parties should be divided. Our firm can help you determine
if you should pursue a fault based or no fault based divorce.

Contested Divorce

Before a divorce may be granted, there are usually five basic issues that must be resolved. They are:

1. Alimony or spousal support;

2. Property division;

and, if there are children:

3. Custody;

4. Visitation; and

5. Child support.

If a divorcing couple agrees on all five of these issues in writing, they will be granted an uncontested
divorce and avoid adversarial divorce litigation.

If there is disagreement, however, the divorce is contested, which means it may end up in trial before
a judge or jury, or in another form of dispute resolution. It is important to consult with an attorney
before deciding which method is right for your situation.

Divorce litigation involves a series of document exchanges and court appearances. In some instances
there are questions or situations that need to be temporarily resolved before the final divorce
agreement is reached or ordered by the court. Temporary orders on support, custody or other matters
generally remain in effect until the final decision is made at the end of the divorce process. Ultimately,
there will be a trial if a settlement hasn’t been reached. Witnesses may include friends, financial
experts, psychologists, as well as other types of evidence including financial records. The judge’s final
decision provides the court’s rulings on all the issues raised by the parties.

Alimony, Spousal Support & Maintenance

Alimony, also known in Texas as maintenance, is financial support paid by one spouse to another.
In Texas, a court only awards maintenance in certain limited circumstances. If the court finds
maintenance should be awarded, the appropriate amount will be determined by the court based on
the factors set forth in the Texas Family Code.

Division of Property

Texas uses the “community property” system to distribute marital assets between divorcing spouses.
Property acquired by either spouse during the marriage is community property to be divided upon
divorce. Under Texas law, the division of property does not have to be equal. The courts are only
required to divide the community property between the parties “in a manner that the court claims just
and right, having due regard for the rights of each party and any children of the marriage.” If either
spouse acquired property outside of the state, a court can also divide that property using community
property rules if they divorce in Texas. Individual spouses may also own separate property that is
treated differently under the legal rules. Because classification of property and its division can become

one of the most contentious issues in a divorce, you need the advice and assistance of a family law
attorney familiar with Texas family laws and procedures.

Conclusion

Reaching the decision to end a marriage is enormously difficult. Once you do make the decision it is
in your best interest to approach the divorce process from a rational, businesslike perspective, which
is extraordinarily difficult given the emotional issues with which you must also cope. Working with
a Texas attorney who is experienced in family law will ease your stress and help you get through the
process to begin your new life.

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