Rules for Winning a Divorce Case in Texas

Dec 1, 2017 | Divorce

Conflicted husband and wife during divorce mediation with psychologist

No one likes to contemplate the end of their marriage. However, with around half of all marriages ending in divorce, those who split are far from alone. Since marriage is a legal contract, there are major, long-term considerations when dealing with a divorce case. To make sure that you make the decisions now that are best for you, keep these rules in mind:

Rule One: You need to talk to a lawyer.

The first thing you need is a discussion with a divorce lawyer in San Antonio. This is true even if you and your spouse have few assets and are headed toward an amicable and uncontested divorce. A lawyer can help you review any property, agreements and commitments to ensure that you are making the right decisions, not just now, but in the long run, too.

Rule Two: Decisions should not be made on emotion.

In some cases, people going through a divorce will want to act vengefully and inflict maximum damage on their soon-to-be former spouse. In others, an individual will feel strong guilt that will lead them to give up more than they should. Texas divorce law calls for a division of property in a “just and right manner.” At all stages, remember that your rights deserve to be protected.

Rule Three: Documentation is vital.

In the state of Texas, there is an assumption that all property acquired during the marriage is joint. However, with the right clear and convincing evidence, you can show that specific assets, such as gifts or inheritances, should be considered separate property. Likewise, while Texas is a no-fault divorce state, there are also grounds for fault divorce that include cruel treatment, abandonment and adultery. By keeping any paper trail that shows your standing, you can better protect your rights in the case of a contested divorce that goes to trial.

Rule Four: There is no one right way to divorce.

Texas divorce law allows for individuals to choose from a range of representation options. Those who have a simple, uncontested break with their spouse may merely need someone to help them understand how to file for divorce in Texas. Help with the proper state-appropriate forms can help you ensure that you are doing everything correctly. On the other end of the spectrum are contested divorces where you must vigorously protect your property and your rights. We can provide either flat fee or full-service representation, as needed.

Some divorces are simple and amicable. Others involve complex assets and conflicts. Everyone is difficult. Divorce is a highly emotional and life-changing event. Going into the process with the right support can help you get the best possible outcome and the best foundation for your future security.

Elizabeth McLaughlin has over 30 years of experience in family law. Learn more about your divorce case options or schedule an appointment today.

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