What You Need To Know As Your Prepare For Divorce In Texas
Getting a divorce is an unsettling process, no matter what the circumstances. If you’re getting a divorce, you likely have a lot of questions and concerns about what your future will look like and how you can protect yourself in the coming storm. You may also wonder whether you will need to hash things out in court proceedings or if you are a candidate for uncontested divorce.
In either case, the attorney and staff of Law Thompson, P.C. provide the solid counsel and strong representation you need to protect your financial interests and parental rights while preparing to move on with your life. We handle contested and uncontested divorce cases in the greater Houston area. Travis Thompson is a certified family law specialist and has been for over 20 years, so you are in excellent hands as you head into this momentous life event.
What Is The Difference Between An Uncontested Divorce And A Contested Divorce In Texas?
- Uncontested. In this situation, both spouses have agreed on all or most of the terms of their divorce ahead of time. They need a lawyer to draft their documents and make necessary court appearances rather than fight their battles in or out of court. Some cases of this sort may be eligible for a flat fee. Read more about uncontested divorce in Travis Thompson’s article on the Texas 60-day divorce.
- Contested Divorce. There is generally a lot of fear and uncertainty that accompanies this kind of divorce. In this situation, the couple may be adversarial or at the very least disagree on the terms of the divorce. In cases such as these, a lawyer will represent the client through the necessary stages of the divorce, including mediations, emergency hearings or litigation. As one might expect, a contested divorce may be more time consuming or expensive than an uncontested divorce, but may be necessary when the divorcing spouses are at odds or if one or both have dug in to rigid and/or unreasonable positions.
Guiding You Through Divorce
The details of divorce can seem overwhelming, as you consider your needs to come to an agreement over several issues. At Law Thompson, P.C., we can guide you through the many decisions you will have to make during your divorce, making sure you remain fully aware of your rights and options, including:
- Shared property – Division and Allocation of Assets and Debts
- Child custody and visitation
- Child support
- Spousal support (alimony)
We can provide a grounding reality check when you need it and also be there to support you through any fearful or uncertain passages. Contact our Houston, Texas, office to discuss the details of your situation with family law attorney Travis Thompson.
Will There Be Spousal Support In Your Texas Divorce?
Texas law recognizes two types of spousal support: Temporary Spousal Support and Post Divorce Spousal Support (also known as
- Temporary Spousal Support is an award of support made during a pending divorce. It typically consists of a spouse paying the other spouse a fixed amount
of money for several months or until the divorce is finalized. It is designed to ensure that both spouses have access to available funds to pay bills and provide
for their daily or ongoing necessities. Temporary Spousal Support is not automatic for every divorce. Eligibility is determined on a case-by-case basis.
- Post Divorce Spousal Support: Whereas Temporary Spousal Support addresses the support needs of a spouse who is going through a divorce, Post Divorce Spousal Support (Also known as spousal maintenance) addresses a spouse’s support needs for the months or years following the divorce. There are very specific criteria for post-divorce spousal maintenance. For most Texas Divorces, post-divorce spousal maintenance is the exception, not the norm. the Texas Family Code prescribes
specific eligibility criteria for post divorce spousal maintenance.
The Court may order Spousal Maintenance if the spouse seeking maintenance lacks sufficient property to provide for that spouse’s minimum reasonable needs and one or more of the following also apply:
- The marriage lasted at least 10 years and the recipient lacks the earning capacity to be self-supporting; or
- The marriage lasted 10 or more years and the recipient is disabled or the primary caregiver for a disabled child; or
- The paying spouse was convicted of domestic violence against the recipient within two years prior to the divorce filing.
Spousal support can also be negotiated as part of the divorce settlement, either as a lump sum or as ongoing payments.