Divorce Lawyer in Brownwood

There is No Legal Separation in Texas

Texas does not recognize the legal concept of separation. If you marry someone, you are considered to be married until a court enters a final decree. Nevertheless, you can enter into an "agreement incident to divorce" for both children and property issues, or a "partition and exchange agreement" for property issues only. While in the separation stage, these documents can "point" the case to the final outcome.

Minimum Requirements for Divorce

To file for a divorce in Texas you must have lived in the State for 6 months and have lived in the county in which want to file for a divorce at least 90 days. The law states that a minimum of 60 days must pass from the time a petition is filed until a divorce may be granted. However, this does not necessarily mean that a divorce is final in 60 days. The length of time a divorce takes to be final depends on the complexity of the issues and the degree to which these issues are contested. The Final Decree of Divorce must resolve all child issues and all property issues.

Property Division

In each divorce case, there may be community property and / or separate property. Community property consists of property, other than separate property, that is acquired by either spouse during their marriage. Separate property consists of the property owned or claimed by a spouse before marriage; the property acquired by a spouse during marriage by gift, devise, or descent; and the recovery for personal injuries sustained by the spouse during marriage, except for recovery for loss of earning capacity during marriage.

The Texas Family Code requires the court to order a division of the estate of the parties in a manner that the court deems just and right, having due regard for the rights of each party and any children of the marriage. The Court may not divest a spouse of his or her separate property. In order to obtain a just and right division, one spouse may be entitled to reimbursement from the other spouse. There may also be comingled separate property. The issues regarding property may be very complex. Please speak with an attorney regarding these issues prior to agreeing to a division of property.

Each Divorce Case is Unique

Few things will affect you more than a divorce proceeding. Each case is unique in its own circumstances. While you are going through a divorce, many people will try to give you advice on what you should and should not do. Remember, just because something turned out one way for someone you know does not mean that is the best thing in your own case, or is even possible in your case. Many things are possible if both the parties agree. If both parties do not agree, many things that may happen in one case are simply not possible in another case. Be sure to discuss all concerns, issues, and options with your attorney.

Enforcement of Court Orders

Under penalty of law, parties may not unilaterally break the provisions of a court order without facing the possibility of penalties, some of which may be severe. If a party has not complied with a previous final order or decree, the injured party may file a Motion for Enforcement. In some circumstances, you can be reimbursed for attorney fees in an enforcement action. The most common Motions for Enforcement are filed on child issues, i.e., child support and / or child custody (possession and access). However, a motion for enforcement may also be filed regarding property issues in a Final Decree of Divorce and / or spousal support. The goal is to always ensure compliance with the order, through negotiation if possible, and through court action when necessary.

Advice from an Experienced Brownwood Divorce Attorney

No one should ever go through a divorce alone. The Law Office of Nita Meador can provide an attentive, knowledgeable, and experienced Brownwood divorce lawyer to help you get the best possible results for your case. Attorney Nita Meador has over 25 years of experience in family law, which is her sole area of practice. The law office focuses on excellent customer service and communication, so you will always know what is being done for your case. Contact a Brownwood divorce lawyer from the Law Office of Nita Meador right away to learn more!