Frequently Asked Questions About Divorce
The emotional turmoil of divorce can make it hard to concentrate on the legal realities that a marriage dissolution creates. Misunderstanding Texas divorce law can cost you property, time with your children, and money. At Eggleston Law Firm, PC, our attorneys field questions from clients from all walks of life about what to expect when their marriage ends. We have compiled answers to some of the most commonly asked questions here for your convenience.
Divorce FAQ: Your Questions Answered
What are the legal requirements for a divorce in Texas?
To initiate a divorce in the state, one of the parties must have resided here for at least six months and must be a resident of the county in which they file the divorce petition. Texas is a “no-fault” state, meaning the petitioner does not have to demonstrate the other side engaged in any harmful conduct to obtain a divorce.
How do I start the divorce process?
We recommend that you schedule a free case consultation with our firm BEFORE filing a petition. This is an additional step not included in traditional divorce representation, but our attorneys can review your entire situation at this meeting and highlight potential points of conflict and options for resolving them. The prefiling meeting can equip you with a sound strategy for pursuing the end of your marriage and eliminate a lot of confusion on what to expect.
How can I hold onto the property I want after the divorce?
First of all, keep in mind that Texas is a community property state. This means the division of property and assets acquired during the marriage is divided equally (50-50), by and large. If you owned something outright prior to your marriage, you will get to keep it. Marital property (including monetary assets such as retirement accounts) is subject to division. Your attorney can discuss options for retaining the property you want (including being flexible and open to negotiation in other areas of the divorce settlement). Property division is one area of a divorce decree that is typically not open to significant changes later.
Why should I hire a lawyer for my divorce? Can I do this on my own?
Technically, you do not have to hire a divorce attorney, but our firm’s legal team has successfully handled numerous divorce cases. Most people who are facing their first divorce have little understanding of how the law will treat them throughout the process. Mistakes made during a divorce can be costly to fix, and sometimes it is not possible to fix them. Our lawyers make relieving your stress a priority and will work with you to achieve the specific goals you have related to your divorce.
Hire Lawyers Whose Focus Is On Your Satisfaction
Our firm offers free initial consultations and flexible appointment scheduling, as well as accepting major credit cards for payments. We work with clients in Austin from our offices in nearby Bee Cave, TX. Call 512-590-3585 to arrange a case consultation or email us to get things started.