Dallas Family Law Attorneys

Divorce in Texas - Going through the process.

Getting married is easy. Two unmarried people decide to enter a legal contract in which they agree to become husband and wife and share everything in a family unit. Historically this family was the basis of the civilization and even in very primitive societies the family unit is strong.

Getting out of marriage is not so simple. Historically once people were married that was it… there was no chance short of the death of one's spouse of getting out of it. Even today there are some countries like Italy, Ireland, Spain and Portugal where divorce is very rare. In Japan, where marriage and the dissolution of marriage are civil contracts and do not involve the courts at all the divorce rate is also very low but rising steadily as women generally become more assertive. But divorce has become very common in the United States

Western civilization has complicated the issue of marriage and divorce with tons of rules and regulations, with pre-marital agreements and the like. In addition, as western civilization has developed, and the rights of women became more equal, there have been changes in the attitude of the law. Grounds for divorce, which at one stage were draconian, were relaxed and divorce became more common.

According to divorcerate.org nowadays more than 40% of all marriages in the United States end in the divorce courts. This statistic gets even worse for second (60%) and third marriages (70%). One can play with statistics all one likes, with children vs childless couples, age at marriage and so on, but it seems that in 2011 the odds are not in favor of eternal bliss being guaranteed with marriage vows.

It would also appear that a lot of people do get married with the knowledge that they can always get out of it if they decide to later. It is this attitude that has led to the rise of pre-marital agreements with the various implications as to the division of property on the dissolution of the marriage contract.

What about Texas?
Texas is a "No Fault" divorce state. If the parties agree that the marriage is over then they can approach the courts who will wind up the marriage. The provisions of any pre marital agreement will be applied or, failing that, the marital property will be divided up equally, allowing for child support and visiting rights and so on. Dallas Family Law Attorneys are available to advise and represent clients in these matters.

But it can't happen overnight. Texas law insists that a "Cooling Off Period" of 60 days must elapse between the application to the courts and the finalization. Some few exceptions to this rule may apply but in most cases this will be the case.

In cases where a judgment of fault for the marital breakup is being pursued a well experienced attorney is essential. Fault may be found if one party has committed adultery, abandoned, mistreated or physically abused the other. Such a fault finding may well alter the division of the marital property. In cases such as firm of attorneys who practice Family Law should be appointed.