DIVORCE

Divorce is almost always a stressful and challenging process. It may be that you and your spouse agree on all the details, or you may instead anticipate a long, drawn-out court battle. Either way, emotions are likely running high.

That’s why it’s absolutely crucial to have an experienced Bryan divorce attorney on your side. The divorce process is full of legal jargon and potential pitfalls, and it can be difficult to work through it all while also dealing with emotional fallout at the same time.

At C.E. Borman, we have decades of experience guiding our clients through this treacherous territory. We provide our clients with honest, down-to-earth advice on how to protect their rights and do what’s best for their families.

Below is a quick overview of everything you need to know about divorce in Texas.

In order to file for divorce in Texas, one spouse needs to have lived in Texas for at least 6 months, and in the specific county you’re filing in for at least 90 days.

As long as you meet those residency requirements, you can file either for a no-fault divorce or a fault divorce.

A no-fault divorce means neither spouse has to prove that the other is at fault for the separation. To file for no-fault divorce, you have to prove one of the following two grounds:

• Insupportability of the marriage: This means that the marriage can’t last because of irreconcilable differences or conflicts.
• Living apart: This means the spouses have lived apart for at least 3 years.

However, you can also file for a fault divorce in Texas, which means one spouse needs to prove that the other’s bad actions are responsible for the separation. Fault-based grounds for divorce include the following:

• Cruelty
• Adultery
• Felony conviction
• Abandonment
• Confinement to a mental hospital for at least 3 years

Keep in mind that fault divorces are more expensive, time-consuming, and difficult to prove. If you can file for a no-fault divorce, that is usually the preferable option.

“To contest” means to argue against. When you and your spouse disagree on terms for property division, child custody, visitation, child support or alimony, your divorce is contested. If you are able to mutually agree to all aspects of your divorce, the divorce is uncontested.

However, if you disagree on any of these issues, this is known as a contested divorce. Some of the most common contested issues include:

• Property division
• Child custody
• Child support
• Spousal support, or alimony

In order to finalize your divorce, you have to resolve these issues one way or another. Here are your basic options:

• Privately resolving your issues
• Negotiating a settlement through your attorneys
• Mediation
• Trial (litigation)

During mediation, an impartial third person, called a mediator, helps you find points of agreement so you can settle your conflicts. Mediators do not act as judges, making decisions for you, but instead work with you to arrive at your own decisions and compromises.

Many counties in Texas require couples to go through mediation before attending the final hearing for their divorce. Even in counties where mediation is not required, judges may order couples to mediation ─ especially when their disagreements seem resolvable. Even complex disagreements that may seem impossible to deal with are often resolved through the mediation process.

At CE Borman, we are there by our clients’ sides through every step of the process. Through our decades of experience in Texas family law, we are able to commit ourselves to fiercely representing our clients’ interests at all costs.

Here’s how we do it:

1. First we help you file, serve your spouse, and lay out all of the contested issues that need to be resolved.
2. Then we come up with a plan for how to resolve those issues. If you and your spouse can come to an agreement through negotiation or mediation, all the better! We will aid with negotiating your settlement, finding a third-party mediator, and walking you through all of the paperwork.
3. If you and your spouse are unable to resolve your issues through mediation, we prepare for litigation. When you need someone to go to bat for you in the courtroom, we don’t hesitate to step in.