How To Get Divorced In Texas

Two people get dressed up in front of all their friends and family, look each other in the eye and say, "I do forever and ever and ever." Sometimes these marriages last forever. Sometimes forever isn't as long as any of us thought it would be. There are reports that 50% of all marriages in America end in divorce and there is a growing bit of literature that tells us that is not exactly true. In Texas, the number is significant although I don't believe that 50% of all marriages in Texas will end in divorce.

THIS BLOG IS NOT A SUBSTITUTE FOR THE ADVICE OF AN ATTORNEY

However, if you come home to find the babysitter and your significant other wrapped up in the Texas Flag, I'm putting my money on divorce.

If you want a divorce, for whatever reason, the first thing you should do is hire an attorney specializing in Family Law. Texas has what is called the "no fault" divorce. That basically means that the court can grant your divorce regardless of fault if the marriage is insupportable because of discord or conflict that destroys the legitimate ends of marriage and prevents any reasonable expectation of reconciliation. So if your reason for divorce can fit into that description then you may have a good shot at the court granting your divorce.

If you don't believe that you and your spouse were ever actually married, then you are looking for an annulment to declare your marriage void, and not a divorce. Texas law lays out a few grounds for divorce that can be found in the Texas Family Code:

• Insupportability
• Cruelty
• Adultery
• Conviction of a felony
• Abandonment
• Living apart for three years
• Confinement in a mental hospital

Basically, if you can testify that you sincerely believe that the marriage is beyond repair, then your divorce will probably be granted. Then the fun starts! The reason Texas law allows for no-fault divorce is because the lawmakers realize that people are going to get divorced, and not having to assign fault is meant to assuage the need to bring up who screwed the babysitter and how many times and avoid all the other ugly details being played out in court. You don't think the marriage can be repaired...fine you get a divorce. Spare me the details. Also, there is the belief that one can't be forced to stay in a marriage against their will. Marriage is a status, not really a contract.

If you want a divorce, it doesn't necessarily have to take place in court. The court can refer the suit to arbitration if both parties agree in writing. This route may be able to save you some money.

There is also the option of a mediated settlement. This will also require both parties to agree in writing.

Also, both parties can agree in writing to dissolution of marriage under collaborative law procedure. Here the parties and their attorneys will try to resolve the dissolution of marriage without the help of the court system. This might end up being the least costly method.

After all this you still  have to consider who gets the kids (if there are any), who gets the  house or other valuable property (if there is any). Maybe you'll be able to get child support, or spousal support. Attorneys fees (most attorneys don't work for free), court fees (the state wants their cut)...all issues you are going to have to consider.

No matter what, YOU SHOULD CONSULT AN ATTORNEY. No part of this writing should be considered legal advice. This writing is not advising you on divorce, nor on any other legal matter. This blog is only meant for entertainment purposes and nothing in it should be considered true or an actual representation of the law.

THIS BLOG IS NOT A SUBSTITUTE FOR THE ADVICE OF AN ATTORNEY