January is Known as “Divorce Month”
January is a popular month for couples to file for divorce. Why? Perhaps it stems from the period of self-reflection that accompanies the start of a New Year. Perhaps it is the result of having spent one more difficult holiday season with a spouse and extended family. Or perhaps it is something that was postponed until after December 31 to gain the tax benefit of “married, filing jointly”. For whatever reason, the first month of the year is a busy one for those filing for divorce, and not just in the United States.
Think before you act
Ending a marriage is not something to take lightly. It is a decision that should be thoroughly contemplated. It is important to give consideration to the consequences of divorce, not only on any children born of the marriage, but also on your lifestyle and your financial situation going forward.
Understand the basics of divorce in Texas
Understanding divorce law in Texas, your rights, and how the divorce process works is an important step in making an educated, informed decision regarding the best steps to take in your situation. Take time to learn about child custody, property division, and other matters before taking action.
Texas residency requirement for divorce
You or your spouse must be a resident of Texas for a minimum of six months prior to filing for divorce in the state.
Grounds for divorce in Texas
Every state has its own laws regarding divorce, including what constitutes grounds – legal reasons – for divorce in the state. In Texas – a mixed state – couples may use “fault” or “no fault” grounds as the basis for a divorce. In addition, if the couple has been separated for a period of at least three years, then the separation can be used as the basis for divorce.
Texas is a community property state
In Texas, marital property – including income earned during the marriage and all property purchased with that income – is considered jointly owned. When divorcing, the property is divided in a “just and right manner”, which does not always mean equally between the spouses.
Thinking about a divorce? Let us help.
Divorce is a very important decision with long-term implications for both you and your family. Before taking any action, learn the specifics regarding division of marital property, child custody, child support, and alimony in Texas. At the Law Office of Kyle Whitaker, our experienced Southlake divorce attorneys explain the divorce process, discuss the tax implications, your financial future, and other matters regarding divorce so that you can make an informed decision regarding the best path for you going forward. We are happy to meet with you to answer all your questions. Contact our office at 817-332-7703 or contact us online to schedule a confidential consultation.