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When Is Divorce the Best Choice?

What to Know Before Filing for a Divorce

Are you thinking about divorcing your spouse? You may be experiencing turbulence in your marriage and wondering if a divorce is going to be the final outcome.

There are different reasons couples choose to divorce, and sometimes, it’s better to do what’s right for you and leave a rocky relationship. Read more to decide if getting divorced is a good choice for your situation.

Grounds for Divorce in Texas

If you think your marriage has reached the point of no return, you can file for a divorce stating irreconcilable differences with a no-fault divorce. In Texas, there’s no need to prove grounds for a divorce - you can simply consult with a divorce attorney and they can file the correct paperwork on your behalf.

However, if you feel you have a reason to file grounds for a divorce because of events in your marriage that affected you and the relationship, a family law attorney can guide you through choosing the right category to file your divorce under.

There are other grounds for divorce that you can state when you file that include:

  • Adultery if your spouse had an affair.

  • Cruel treatment if your spouse is abusive in some way.

  • If you and your spouse have lived apart for at least three years.

  • Your spouse is currently incarcerated and will be for at least a year.

  • Your spouse is currently confined and will be getting treatment at a mental facility for at least three years.

If you and your spouse have property to divide and can’t agree on what is fair, you should consider including this in your divorce decree.

What Happens When You Divide Property in Texas

Before you decide on what you’re taking with you in your divorce, you should familiarize yourself with how property division works in Texas. When you get a divorce, the court will consider all of your property as community property, meaning you and your spouse own it equally.

However, this mostly applies in cases when you and your spouse purchased property while you were married.

In contrast, separate property can also be discussed during the divorce process. In Texas, separate property is a property you acquired before the marriage by yourself. This also includes a gift that was given only to you during your marriage or anything you inherited before you got married.

In the end, the court will divide your property by what is “just and right,” which can sometimes lead to a 50/50 split or whatever is fair based on both of your incomes.

Facing Financial Issues

It’s not uncommon for couples to divorce after experiencing financial woes for an extensive period. Money can cause a strain on your relationship and drive you to separation and eventually divorce.

If you plan to ask your spouse for spousal maintenance, you can file for temporary spousal support while your case is pending. Your chances of getting spousal support are good if you are unemployed and your spouse is financially stable. In order to get temporary support, be prepared to explain to your attorney your need for support and they can negotiate on your behalf.

Differences in Parenting Practices

Sometimes parents don’t see eye to eye, and as you and your spouse grow apart, you may begin to see differences in parenting styles. Parenting issues can cause disputes over how you care for your children and what their daily activities are.

Different parenting styles can also cause stress on your children, especially if you don’t agree with certain values as a family.

Once you file for divorce, your attorney can assist you with creating a custody agreement that works for you and your spouse and fits your children’s best interests.

Contact a San Antonio Divorce Attorney

It’s not easy to come to terms with your relationship coming to an end, but our attorneys at Calfas Law Group, PLLC can offer you legal advice before filing.

Schedule an initial consultation and give us a call at (210) 405-8315 to discuss your options for divorce.