If you are considering divorce in Flower Mound, Texas, you may have questions about your children, finances, property, and what happens next. A Texas divorce can involve much more than ending a marriage. Depending on your circumstances, you may need to resolve issues involving property and debt division, conservatorship and possession of children, child support, and spousal maintenance.
A Flower Mound divorce lawyer can explain how Texas law applies to your circumstances, help you understand your options, and represent your interests throughout the divorce process. Whether you and your spouse are working toward an agreement or facing a contested divorce, getting informed legal guidance early can help you make decisions with a clearer understanding of the potential consequences.
Divorce in Flower Mound, TX
Texas law permits a spouse to seek a divorce without alleging fault when the marriage has become insupportable because of discord or conflict that destroys the legitimate ends of the marriage and prevents a reasonable expectation of reconciliation. Texas also recognizes fault-based grounds, including cruelty and adultery, among others established by statute.
For a Texas divorce to be filed in a particular county, generally either the petitioner or respondent must have been domiciled in Texas for at least six months and a resident of the county where the suit is filed for at least 90 days. Texas law provides additional rules for certain circumstances, including cases involving a spouse who lives outside Texas and certain military-service situations.
Flower Mound is in Denton County, which has a number of District and Family Courts handling family-law matters. Denton County provides information about its District/Family Courts and maintains filing information for family cases, including divorce.
How Long Does a Divorce Take in Texas?
Texas generally requires a 60-day waiting period after a divorce suit is filed before the court can grant the divorce. The waiting period does not apply in certain family-violence circumstances specified by Texas law.
The 60-day period is not a guarantee that a divorce will be completed in 60 days. Cases involving disagreements about children, property, finances, support, or other issues may take longer to resolve.
How the Texas Divorce Process Works
The exact procedure depends on the circumstances of the case, but a Texas divorce generally moves through several stages. Understanding those stages can help you prepare for what comes next.
Filing and Giving Notice
A divorce case begins when the petitioner files an Original Petition for Divorce. Texas courts provide standardized divorce forms for certain uncontested cases, although those forms are not appropriate for every divorce. The Texas Judicial Branch specifically notes that its approved forms are intended for uncontested divorces that do not involve children or real property.
After the case is filed, the other spouse must receive legally sufficient notice unless an appropriate waiver or other procedure applies. If the divorce is contested, the parties may need to exchange information and evidence concerning property, finances, children, and other disputed issues.
Temporary Orders, Negotiation, and Mediation
Some divorces require temporary orders to establish arrangements while the case is pending. Depending on the circumstances, those orders can address issues involving children, support, property, and other immediate concerns.
Spouses may resolve their differences through negotiation or mediation rather than going to trial. An agreement can address issues such as property division, parenting arrangements, and support. If the parties cannot reach an agreement, the disputed issues may ultimately be decided by the court.
Finalizing the Divorce
Once the required issues have been resolved, the parties can proceed toward a final divorce decree. The decree can establish the division of the marital estate and address conservatorship, possession and access, child support, spousal maintenance, and other matters applicable to the case.
Because a final decree can have long-term legal and financial consequences, it is important to understand the terms before signing or presenting an agreement to the court.
Property Division in a Texas Divorce
Property and debt division can be one of the most financially significant parts of a divorce.
Texas law requires a court to divide the parties’ estate in a manner the court considers just and right, with due regard for the rights of each party and any children of the marriage. That does not mean every asset must automatically be divided 50/50.
A divorce may involve determining whether particular assets or debts are community or separate property. Issues can arise concerning:
- The marital home and other real estate
- Bank and investment accounts
- Retirement accounts
- Business interests
- Vehicles and personal property
- Credit cards and other debts
- Inheritances and gifts
- Separate-property claims
- Reimbursement and tracing issues
Complex property cases may require financial records, account histories, business valuations, appraisals, or other evidence. This can be particularly important when one or both spouses own a business, hold significant investments, have substantial retirement assets, or claim that certain property is separate.
Understanding the character and value of the marital estate before agreeing to a final property settlement can help you make a more informed decision about your divorce.
Child Custody and Child Support in Texas
When children are involved, divorce requires parents to address both parenting arrangements and financial support.
Conservatorship and Possession
Texas generally uses the terms conservatorship and possession and access rather than simply “custody” and “visitation.”
Conservatorship concerns the rights and responsibilities parents have regarding their children. Possession and access concerns when and how parents spend time with their children.
Texas law states that the best interest of the child is the primary consideration in determining conservatorship, possession, and access. Texas law also establishes policies concerning children’s continuing relationships with parents who are able to act in the child’s best interest and the importance of a safe, stable, and nonviolent environment.
A parenting arrangement may address decision-making authority, possession schedules, holidays, transportation, travel, and other practical issues affecting the child’s day-to-day life.
How Is Child Support Determined?
Texas child support is governed by the Texas Family Code and statutory guidelines. The calculation can involve the obligor’s net resources, the number of children, applicable deductions, and other factors established by law.
For cases within the statutory guidelines, Texas law provides percentage guidelines based on the obligor’s monthly net resources and the number of children. The guidelines can also operate differently when resources exceed the statutory amount or when other circumstances apply.
Child-support issues can become more complicated when a parent is self-employed, owns a business, has variable income, or has significant additional sources of income or expenses.
Is Spousal Maintenance Available in Texas?
Spousal maintenance, commonly referred to as alimony, is not automatically awarded when a Texas marriage ends.
Texas law provides specific eligibility requirements. Generally, a spouse seeking court-ordered maintenance must lack sufficient property, including separate property, to provide for minimum reasonable needs after the divorce and must satisfy additional statutory requirements.
The law also establishes limitations and factors governing maintenance awards. Whether maintenance is available depends on the circumstances of the marriage, the financial resources of the spouses, and the requirements applicable to the particular case.
Because spousal-maintenance law is highly fact-specific, the potential eligibility of either spouse should be evaluated under the current Texas Family Code rather than assumed based solely on the length of the marriage or income difference.
When Should You Hire a Flower Mound Divorce Lawyer?
You do not necessarily have to wait until a divorce becomes highly contested before speaking with an attorney. Early legal advice can help you understand the issues in your case before you make decisions that may affect your finances, property, or relationship with your children.
A divorce lawyer may be particularly helpful when:
- Your spouse has already filed for divorce
- You are preparing to file
- You and your spouse disagree about property or debts
- You own a business or significant assets
- Retirement accounts or real estate are involved
- You have children and disagree about parenting arrangements
- Child support is disputed
- Spousal maintenance may be an issue
- Your spouse has hired an attorney
- Domestic violence or family-violence concerns are involved
- You are unsure about your legal rights or next steps
The Texas Judicial Branch notes that family-law proceedings can be complicated and that an attorney can help people understand their rights and options.
Frequently Asked Questions About Flower Mound Divorce
Do I need a divorce attorney in Flower Mound?
Not every divorce requires an attorney, but legal advice can be particularly valuable when children, significant property, support issues, business interests, or serious disagreements are involved.
Can I get divorced without going to trial?
Yes. A divorce may be resolved through agreement, negotiation, mediation, or collaborative divorce without a trial.
Can collaborative divorce be used in Flower Mound?
Yes. Texas law recognizes collaborative family law, and the process may be used when both spouses voluntarily participate.
How is property divided in a Texas divorce?
Community property is divided under Texas law. If a court determines the division, the standard is a division that is just and right under the circumstances.
How long does a Flower Mound divorce take?
There is no universal timeline. Most Texas divorces are subject to a 60-day waiting period, but the actual case may take longer.
What happens if my spouse will not cooperate?
Your attorney can explain whether negotiation, mediation, collaborative divorce, or litigation may be appropriate based on the circumstances.
Get Legal Guidance From a Flower Mound Divorce Attorney
Divorce decisions can affect your finances, property, children, and future long after the case ends.
Whether you are considering an uncontested divorce, negotiation, mediation, collaborative divorce, or litigation, getting legal advice early can help you understand your choices and prepare for the issues ahead.
The Law Offices of Kate Smith brings experience in Texas family law as well as collaborative dispute resolution. Her firm identifies her as Board Certified in Family Law, a Master Credentialed Collaborative Lawyer, and an LL.M. holder in Dispute Resolution.
If you are looking for a Flower Mound divorce attorney, contact the Law Offices of Kate Smith, PLLC to schedule a confidential consultation.
Call 817-479-0534 to discuss your situation and legal options.
