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Frequently Asked Questions about Texas Divorce

Q: What is a legal divorce?

A: A divorce is a method of terminating a marriage contract between two individuals. From a legal standpoint, divorce will give each party the legal right to marry someone else, to divide and share marital assets and debts, and to determine matters related to the care and custody of their children. In Texas, divorces are either fault-based or no fault.

Q: What is a no fault divorce?

A: Traditionally, divorce was granted only in cases of marital misconduct such as adultery or physical abuse. In these cases, the "guilty" spouse was punished by getting a smaller share of the couple's property or being denied custody of their children while the "innocent" spouse was rewarded for being faithful to the vows of marriage. In a no fault divorce, however, both parties agree that there is no "fault" involved in the grounds for divorce. In Texas, married couples can get no fault divorces if the marriage has become "insupportable" because conflict has destroyed the legitimate ends of the relationship. No fault divorces can also be granted if a couple has been living separately without cohabitation for three years.

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Division of Property in Texas

When there is little or no marital property, no children, no issues of spousal maintenance, amicable spouses can usually obtain a quick divorce by making a divorce agreement and having a judge approve it. Most divorces, however, are quite different and far more complex. The typical Texas divorce involves a union of many years with considerable marital property, both personal property and real estate, children, family businesses, large or concealed debts, trust funds, real estate in other states, joint and separate accounts, investments, insurance, pensions, and other assets. In these complex situations, the parties often cannot divide their property on their own and therefore may require court involvement for its ultimate division.

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Questions to Ask During Divorce

Considering whether you should end your marriage is one of the most important and difficult decisions you will ever encounter. It is important to approach the question from a rational perspective rather than solely an emotional one. In many ways, it is a business decision that requires you to evaluate many issues. Once you review this list of questions, you may rethink the direction you are headed, or you will be better prepared to move forward while working with your attorney.

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How to Move On

Recovering from a divorce is similar to the grieving process one experiences when a loved one dies. There are five stages in the process: shock and denial, anger, ambivalence, depression, and recovery. Many people expect to work through these stages one after the other, but that isn't usually how it happens. You can expect to move in and out of each phase over time and sometimes experience more than one phase at the same time. It is a difficult process and time consuming. Family counselors advise it may take as long as two years to fully recover.

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An Amicable Divorce

Divorce is one of the most emotional experiences a person will ever face. The decision to end a marriage is not an easy one and it is often accompanied with anger, fear, and resentment. The negative emotions associated with divorce are responsible for more than hurt feelings; they affect the final outcome of settlement negotiations. Most important, if children are involved, they will generally suffer. It is in your best interest to approach divorce from an amicable perspective. This will allow you to put on your business hat, which is critical for reaching a successful settlement. It will also allow you to put on your effective parent hat, which is critical for helping your children through this difficult process.

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