Filing for Divorce or Been Served with Divorce Papers

Welcome to Lovein Ribman’s Family Law Division, where we understand the complexities and sensitivities surrounding divorce proceedings. Filing for divorce or being served with divorce papers marks the beginning of a significant chapter in your life, one that can be fraught with emotional challenges and legal complexities. At Lovein Ribman, we recognize the importance of compassionate guidance and strategic legal representation during this time of transition. Our dedicated team of family law attorneys is here to provide you with the support, expertise, and advocacy you need as you navigate the intricacies of divorce in Texas. From understanding your rights and obligations to crafting personalized legal strategies, we are committed to helping you achieve a fair and favorable resolution. Explore our comprehensive resources and discover how Lovein Ribman can be your trusted divorce attorney and partner every step of the way in your journey.

Getting a Divorce in Texas

How long does it take to get divorced?

The time it takes to get divorced in Texas can vary depending on various factors, including the complexity of the case, the caseload of the court, and whether the divorce is contested or uncontested. Here are some general guidelines regarding the timeline for divorce in Texas:

1. Minimum Waiting Period: Texas law imposes a mandatory waiting period before a divorce can be finalized. In most cases, there is a minimum waiting period of 60 days from the date the divorce petition is filed with the court. This waiting period is intended to give the parties time to reconsider their decision and potentially reconcile.
2. Uncontested Divorces: In cases where the divorce is uncontested and the parties have reached an agreement on all relevant issues, the divorce process can proceed relatively quickly. Once the 60-day waiting period has elapsed, the parties can submit their final divorce decree to the court for approval. In uncontested cases, the divorce can often be finalized shortly after the waiting period expires, typically within a few weeks to a few months.
3. Contested Divorces: Contested divorces, where the parties cannot agree on certain issues and require court intervention, can take significantly longer to resolve. These cases may involve hearings, mediation sessions, and other legal proceedings to address the disputed issues. The length of time it takes to finalize a contested divorce in Texas can vary widely depending on the complexity of the case and the availability of court resources. Some contested divorces may take several months or even years to resolve.
4. Case Backlog: The timeline for divorce in Texas can also be influenced by the caseload of the court where the case is filed. Courts with heavy caseloads may experience delays in scheduling hearings and processing paperwork, which can extend the overall timeline for divorce proceedings.
5. Negotiation and Mediation: In many cases, parties may be able to expedite the divorce process by negotiating settlements and participating in mediation to resolve disputed issues outside of court. By reaching agreements on key issues, parties can streamline the divorce process and avoid prolonged litigation.

Overall, the time it takes to get divorced in Texas can vary depending on the specific circumstances of the case. Parties seeking a divorce should consult with an experienced family law attorney to understand their rights and options and to navigate the divorce process efficiently.

Contested Divorce

In Texas, a contested divorce refers to a situation where the spouses cannot agree on one or more key issues related to the divorce, such as child custody, child support, division of property, or spousal support (alimony). Instead of reaching an agreement through negotiation, mediation, or collaboration, the couple must rely on the court to make decisions regarding these issues.

The following are some key characteristics of a contested divorce:

1. Disagreement on Key Issues: In a contested divorce, the spouses disagree on important aspects of the divorce settlement, such as child custody arrangements, visitation schedules, division of marital property and debts, and/or spousal support.
2. Litigation Process: A contested divorce typically involves litigation, where each spouse hires an attorney to represent their interests in court. The attorneys present evidence, arguments, and legal theories to support their client’s position on the disputed issues.
3. Court Intervention: In a contested divorce, the court intervenes to resolve the disputed issues. The judge may hold hearings, receive evidence, and listen to testimony from both parties and any relevant witnesses before making decisions on matters such as child custody, visitation, child support, spousal support, and division of property.
4. Lengthy Process: Contested divorces in Texas can be time-consuming and potentially costly due to the complexity of the issues involved and the adversarial nature of litigation. The process may require multiple court appearances, hearings, and negotiations before a final resolution is reached.
5. Emotional Strain: Contested divorces often involve heightened emotions and increased conflict between the parties, which can make the process more challenging for everyone involved, especially if children are affected.
6. Legal Representation: Due to the complexities of contested divorces, it is advisable for each spouse to retain the services of an experienced family law attorney who can provide legal guidance, advocacy, and representation throughout the divorce proceedings.

While contested divorces can be difficult and contentious, they are sometimes necessary when spouses are unable to reach a mutual agreement on important issues. However, it’s important for both parties to try to maintain open communication and explore alternative dispute resolution methods, such as mediation or collaborative divorce, before resorting to litigation. These approaches can help reduce conflict, minimize costs, and expedite the divorce process.

Uncontested Divorce

In Texas, an uncontested divorce refers to a situation where both spouses agree on all relevant issues pertaining to the termination of their marriage, including child custody and support, division of property and debts, and alimony (if applicable). Unlike a contested divorce, where the spouses cannot agree and may require court intervention to resolve their differences, an uncontested divorce proceeds more smoothly because the parties have reached an agreement on all issues.

The following are some key characteristics of an uncontested divorce:

1. Mutual Agreement: Both spouses must agree to the terms of the divorce, including the division of assets and liabilities, child custody and visitation arrangements, child support, and any other relevant issues.
2. Minimal Court Involvement: In an uncontested divorce, the court’s role is limited to reviewing the divorce decree and ensuring that it meets the legal requirements of Texas family law. There are typically fewer court hearings and proceedings compared to a contested divorce.
3. Simplified Process: Uncontested divorces generally proceed more quickly and require less time and expense than contested divorces. Since the parties have already agreed on the terms, there is less need for negotiation, discovery, or litigation.
4. Filing the Petition: The process begins with one spouse filing a petition for divorce with the appropriate court in the county where either spouse resides. The petition outlines the grounds for divorce and the terms of the agreement reached by the parties.
5. Waiver of Service: In many uncontested divorces, the non-filing spouse will sign a document called a waiver of service, acknowledging receipt of the divorce petition and waiving the formal requirement of being served by a process server.
6. Drafting the Divorce Decree: The spouses, often with the assistance of their respective attorneys, draft a final divorce decree that formalizes the terms of their agreement. The decree must address all relevant issues, including property division, custody and visitation, child support, and alimony.
7. Finalization: Once the divorce decree is prepared and signed by both spouses, it is submitted to the court for approval. If the court finds that the terms of the decree are fair and in compliance with Texas law, it will issue a final judgment of divorce, officially terminating the marriage.

Overall, an uncontested divorce offers a more amicable and efficient way to dissolve a marriage when both parties are able to communicate effectively and reach a mutually acceptable agreement on the terms of their divorce. However, it’s important for each spouse to consult with a divorce attorney to ensure that their rights and interests are protected throughout the process.

General Factors When Considering a Divorce

What is an At-Fault Divorce and What Are the Benefits

An “at-fault” divorce refers to a situation where one spouse alleges and proves that the other spouse is responsible for the breakdown of the marriage due to specific grounds recognized by Texas law. Unlike “no-fault” divorce, where the couple can dissolve the marriage without proving fault, an at-fault divorce requires demonstrating that one spouse’s actions or behavior led to the dissolution of the marriage.

In Texas, some common grounds for an at-fault divorce include:

1. Adultery: If one spouse engages in extramarital affairs or adultery, the other spouse may seek an at-fault divorce based on this ground.
2. Cruelty: Cruelty or domestic violence committed by one spouse against the other can be grounds for an at-fault divorce. This can include physical violence, emotional abuse, or other forms of mistreatment.
3. Abandonment: If one spouse leaves the marital home without justification and without the intention of returning, the other spouse may seek an at-fault divorce based on abandonment.
4. Felony Conviction: If one spouse is convicted of a felony and sentenced to imprisonment for at least one year, the other spouse may seek an at-fault divorce on this ground.
5. Living Apart: If the spouses have lived separately and apart for at least three years without cohabitation, they may qualify for an at-fault divorce based on this ground.

It’s important to note that pursuing an at-fault divorce in Texas can be more complicated and contentious compared to a no-fault divorce. The spouse seeking the at-fault divorce must provide evidence to support their claims, which may involve testimony, documentation, or other forms of evidence. However, filing for an at-fault divorce can have certain advantages and benefits depending on the specific circumstances of the case. Here are some potential benefits of pursuing an at-fault divorce:

1. Favorable Division of Assets and Debts: In some cases, proving fault in a divorce may influence the court’s decisions regarding the division of marital property and debts. For example, if one spouse is found to have committed adultery or engaged in financial misconduct, the court may award a greater share of the marital assets to the innocent spouse.
2. Alimony or Spousal Support: In at-fault divorces, the court may be more inclined to award alimony or spousal support to the innocent spouse, especially if the other spouse’s misconduct contributed to the breakdown of the marriage. Alimony can provide financial support to the spouse who is economically disadvantaged as a result of the divorce.
3. Child Custody and Visitation: In cases involving domestic violence, substance abuse, or other forms of misconduct, the court may take into consideration the best interests of the child when determining custody and visitation arrangements. Proving fault may impact the court’s decisions regarding the allocation of parental responsibilities and parenting time.
4. Emotional Closure: For some individuals, pursuing an at-fault divorce may provide a sense of closure or validation, especially if the other spouse’s misconduct significantly contributed to the breakdown of the marriage. Holding the at-fault spouse accountable for their actions can help the innocent spouse move forward with their life after the divorce.
5. Satisfaction of Legal Recourse: In situations where one spouse has been wronged by the other, pursuing an at-fault divorce may provide a form of legal recourse and justice. By proving fault, the innocent spouse may seek to protect their legal rights and hold the at-fault spouse accountable for their behavior.

It’s important to note that pursuing an at-fault divorce can also have potential drawbacks, including increased conflict, emotional stress, and higher legal costs associated with proving fault in court. Additionally, fault-based divorces may prolong the divorce process and make negotiations more contentious, especially if the other spouse contests the allegations.

Before pursuing an at-fault divorce in Texas, individuals should carefully consider their options and consult with an experienced family law attorney who can provide guidance on the potential benefits, risks, and implications of pursuing a fault-based divorce in their particular situation.

What are Standing Orders?

“Standing Orders” essentially refer to temporary restraining orders that automatically go into effect upon the filing of a divorce petition. These orders are intended to maintain the status quo and prevent either spouse from taking certain actions that could adversely affect the other party or the marital estate during the divorce process.

The following is a list of typical standing orders in a divorce:

1. Restrictions on Transfers and Disposal of Assets: Standing orders may prohibit either spouse from selling, transferring, encumbering, or disposing of marital property without the consent of the other spouse or a court order.
2. Financial Restraints: They may prevent either spouse from incurring excessive debt or making significant financial decisions without the consent of the other spouse or court approval.
3. Restrictions on Behavior: Standing orders may include provisions prohibiting harassment, threats, or interference with the other spouse’s access to marital property or children.
4. Protections for Children: They may include provisions regarding temporary child custody, visitation, and support arrangements to ensure the well-being of any children involved in the divorce.
5. Protections for Joint Accounts and Insurance Policies: Standing orders may prevent either spouse from modifying or terminating joint bank accounts, retirement accounts, or insurance policies without the other spouse’s consent or court approval.
6. Maintenance of Insurance Coverage: They may require both spouses to maintain existing health, life, and other insurance coverage for the benefit of the other spouse and any dependent children.
7. Prohibition of Relocation: In some cases, standing orders may restrict either spouse from relocating with children outside of a specified geographic area without prior court approval.

Standing orders typically remain in effect until the finalization of the divorce or until modified by a court order. They serve to provide stability and protection for both parties during the divorce process and help prevent potential conflicts or harm to the interests of either spouse or their children.

It’s important for individuals going through a divorce to familiarize themselves with the specific standing orders applicable in their jurisdiction and to comply with their provisions to avoid potential legal consequences. Consulting with a family law attorney can provide further clarification and guidance regarding standing orders and their implications in a divorce case.

Types of Spousal Support

In Texas, there are two primary types of spousal support: temporary spousal support and spousal maintenance (alimony). The following is a breakdown of each type of spousal support.

Temporary Spousal Support

The key points regarding temporary spousal support in a Texas divorce are as follows:

1. Purpose: Temporary spousal support, also known as temporary maintenance or alimony pendente lite, is financial assistance provided to a spouse during the pendency of the divorce proceedings. Its purpose is to ensure that the dependent spouse has the means to cover living expenses and maintain a reasonable standard of living while the divorce is ongoing.
2. Eligibility: Temporary spousal support may be requested by one spouse if they demonstrate financial need and dependency on the other spouse’s income to maintain their standard of living during the divorce process.
3. Factors Considered: When determining the amount and duration of temporary spousal support, the court considers various factors, including:
   • Each spouse’s financial resources and needs.
   • The standard of living established during the marriage.
   • The duration of the marriage.
   • The ability of the supporting spouse to pay.
   • Any prenuptial or postnuptial agreements between the spouses regarding financial support.
4. Awarded by the Court: Temporary spousal support can be awarded by the court upon request or agreement between the spouses. If one spouse requests temporary support and demonstrates financial need, the court may issue an order requiring the other spouse to provide financial assistance during the divorce proceedings.
5. Duration: Temporary spousal support ends when the divorce is finalized or when the court issues a final order regarding spousal support. It is intended to be temporary in nature and does not continue beyond the conclusion of the divorce proceedings.
6. Modification: Temporary spousal support orders can be modified if there is a change in circumstances that warrants a modification, such as a change in income or financial needs of either spouse.
7. Separate from Child Support: Temporary spousal support is separate from child support, which is calculated based on specific guidelines and factors related to the children’s needs and the parents’ incomes.

Understanding these key points is crucial for spouses seeking or contesting temporary spousal support in a Texas divorce. Consulting with a knowledgeable family law attorney can provide further guidance tailored to the specific circumstances of the case.

Spousal Maintenance (Alimony)

The key points regarding spousal maintenance (alimony) in a Texas divorce are the following:

1. Eligibility Criteria: To be eligible for spousal maintenance in Texas, the requesting spouse must meet specific statutory criteria, which include:
   • Lack of sufficient property, including marital property, to provide for their minimum reasonable needs.
   • Inability to support themselves due to a physical or mental disability.
   • The marriage lasted for at least ten years, and the requesting spouse lacks the ability to earn sufficient income to provide for their minimum reasonable needs.
   • The spouse seeking maintenance has diligently pursued employment or developed the necessary skills during the separation or marriage to provide for their minimum reasonable needs.
2. Factors Considered: When determining the amount and duration of spousal maintenance, the court considers various factors, including:
   • Each spouse’s financial resources and ability to meet their own needs.
   • The duration of the marriage.
   • Each spouse’s education and employment skills.
   • The age, employment history, earning capacity, and health of each spouse.
   • Contributions to the marriage, including homemaking and childcare.
   • Any marital misconduct by either spouse.
   • Domestic violence convictions.
3. Amount and Duration: The amount of spousal maintenance is capped at the lesser of $5,000 per month or 20% of the paying spouse’s average monthly gross income. The duration of spousal maintenance depends on the length of the marriage and the circumstances of the case. Generally, it cannot exceed:
   • Five years if the marriage lasted between 10 and 20 years.
   • Seven years if the marriage lasted between 20 and 30 years.
   • Ten years if the marriage lasted 30 years or more.
4. Termination: Spousal maintenance terminates upon:
   • The death of either spouse.
   • The remarriage of the recipient spouse.
   • The recipient co-habitating with another person in a romantic relationship, resulting in a situation where the recipient spouse no longer has a need for maintenance.
5. Modification: Spousal maintenance orders can be modified if there is a material and substantial change in circumstances that warrants a modification, such as a change in income or financial needs of either spouse.
6. Tax Implications: For divorces finalized after December 31, 2018, spousal maintenance payments are no longer tax-deductible for the paying spouse, and the recipient spouse does not have to report them as taxable income.

Understanding these key points is essential for spouses seeking or contesting spousal maintenance in a Texas divorce. Consulting with a knowledgeable family law attorney can provide further guidance tailored to the specific circumstances of the case.

Contractual Alimony

Contractual alimony is agreed upon by both parties, allowing them to decide on financial support as part of the divorce. While enforcement remedies are not as robust for contractual maintenance, the agreed-upon amount cannot be decreased even if the paying party’s circumstances change.

If you have questions about divorce, schedule a consultation with Lovein Ribman’s divorce attorneys today.