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Understanding Texas Divorce Laws

Divorce is complicated, and each divorce has its own unique set of circumstances. When contemplating divorce, you likely experience a flood of emotions and questions about what the process entails and how your future will unfold.

At Law Office of Kathryn Figueredo Fowler, we have been helping individuals throughout Williamson County and the surrounding area navigate the divorce process for more than 25 years. The following are some of the common questions we hear from our clients as we work with them.

Do I need to show fault to file for divorce?

Texas is a “no-fault” state. This means you do not have to prove that either spouse did anything wrong to cause the divorce. Sometimes fault will be alleged, which could impact a judge’s decision about the division of assets.

How long will a divorce take?

Texas has a mandatory waiting period of 60 days after filing the divorce petition. If there are disagreements over the settlement, it is common for the divorce process to take between six months to one year.

How will assets be divided?

In most cases, the courts will order that marital property be divided equally between the two spouses. All assets acquired during the marriage are presumed to be marital property unless supporting evidence proves something belongs specifically to only one spouse, perhaps by inheritance. If it is shown that one spouse’s behavior caused the divorce, a judge may divide the couple’s community property differently.

Will my divorce case go to court?

Most divorce cases are settled through mediation and will not require the couple to go to court. This can be beneficial for a variety of reasons:

  • Court proceedings are public record, whereas mediation is private.
  • Resolving issues through mediation is much less expensive than litigation.
  • The emotional strain of going to court can be difficult on both spouses and any children involved.

We have a proven record of success in guiding our clients toward divorce settlements through mediation. However, we prepare each case as if we will go to court, so we are ready to litigate your case if it is in your best interests to do so.

Protecting Your Best Interests Throughout The Process

If you are facing the prospect of divorce, you likely have many more questions. Our experienced family law attorney is ready to answer them. Contact our Georgetown office at 512-543-1490 or email us today to schedule your initial consultation.