Divorce in Texas – goes through the process.
Marriage is easy. Two unmarried people decide to sign a legal contract according to which they agree to become husband and wife and share everything in a family unit. Historically, this family has been the basis of civilization, and even in very primitive societies, the family unit is strong.
Getting out of marriage is not so simple. Historically, once people got married, it was like this … there was no chance, other than the husband’s death, to get out of it. Even today, in some countries like Italy, Ireland, Spain, and Portugal where divorce is rare. In Japan, where marriage and dissolution are civil contracts and do not involve the courts, the divorce rate is also shallow. Still, it is steadily increasing as women generally become more assertive. But divorce has become very common in the United States.
Western civilization has complicated marriage and divorce with tons of rules and regulations, prenuptial agreements, and the like. Moreover, with the development of Western civilization and women’s rights becoming more equal, there were changes in the position of the law. The grounds for divorce, which were at one point cruel, were alleviated, and divorce became more and more common.
According to divorcerate.org today, more than 40% of all marriages in the United States end in divorce court. This statistic gets worse in the second (60%) and third (70%) marriages. You can play around with the stats you like, with children versus childless couples, age at marriage, etc. It looks like the odds in 2011 are not in favor of eternal happiness guaranteed by marriage promises.
It also seems like many people marry knowing that they can always get together if they decide to do so later. It is this position that led to the emergence of prenuptial agreements with various implications regarding the division of assets in the dissolution of the marriage contract.
How about Texas?
Texas is a “no-fault” divorce. If both parties agree that the marriage ends, they can go to court to end the marriage. The provisions of any prenuptial agreement will be enforced or, if not, marital assets will be divided equally, allowing child support, visiting rights, etc. Houston tx family law attorneys are available to advise and represent clients on these matters.
But this cannot happen overnight. Texas law insists that a 60-day “cooling off period” must elapse between applying to court and expiry. Some exceptions to this rule may apply, but in most cases, this will be the case.
In cases where the judgment of marital breakdown is being pursued, a highly experienced attorney is necessary. Guilt can be found if one party committed adultery, abandoned, mistreated, or physically abused the other. Such a finding of flaws might upset the division of marital property. In cases such as practicing a family law firm, its name must be mentioned.