You’ve probably heard that it’s easier in some states than others to be awarded alimony in a divorce. So, is Texas an alimony state? What should you expect in terms of paying or receiving alimony in relation to your divorce?
There are alimony laws on the books in all U.S. states, and Texas is no exception.
However, you and your spouse are also able to agree to voluntary spousal support in your divorce agreement or prenuptial agreement.
Let’s take a look at what you need to know about alimony in Texas.
Every U.S. state has its own laws regarding alimony, some of which are much more comprehensive than others. It’s, therefore important to understand the laws in your own state to gain a deeper understanding of whether you will be likely to receive or have to pay alimony.
It’s worth noting that the word “alimony” doesn’t appear in the Texas legal code– instead, the terms “spousal maintenance” and “spousal support” are used. In general, Texas is considered one of the most difficult states in which to be awarded alimony through the courts. Texas courts typically prefer that private contracts be used to create alimony agreements rather than having the court order such arrangements.
Under Texas law, “spousal maintenance” and “spousal support” are two separate concepts. Let’s take a closer look at what distinguishes these two terms.
Spousal maintenance, under Texas law, is payments made from one spouse to the other as ordered by a court. Both spouses have the right to request maintenance as a part of their divorce proceedings. In order to actually be awarded spousal maintenance, however, very specific qualifications must be met.
The only way a spouse will be awarded spousal maintenance is if they don’t have the resources they need to provide for their basic needs at the time of the divorce plus one of the following:
In Texas, the court's presumption from the get-go is that maintenance will not be necessary or appropriate. It then falls upon the requesting spouse to prove that they have, in good faith, tried to get the training or education they need to support themselves or have worked to earn enough income to be financially independent. At this point, the court will evaluate the maintenance needs of the spouse.
Some factors will be taken into account when determining whether one spouse should receive court-ordered spousal maintenance.
These include:
Courts will take into account any and all factors that they deem relevant when evaluating an individual for spousal maintenance.
Spousal maintenance can be awarded under three different standards in Texas.
Here’s the breakdown:
Also known as contractual alimony, spousal support results from a voluntary agreement made between both spouses. Rather than being ordered by the court, spousal support is something that is typically outlined in a divorce settlement or prenuptial agreement.
In this circumstance, spouses can agree to a certain amount of spousal support as well as the duration of the payments. If the court accepts the contract that is made between the two spouses, it is then enforceable in the same way that other contracts are in the State of Texas. This document will be included in the Final Decree of Divorce.
Regardless of whether you are worried that you will be ordered to pay alimony or you are hoping you will receive it, there are three key things you’ll want to understand about spousal support and maintenance in Texas.
To receive court-ordered spousal maintenance, very specific circumstances must be met. The most common way that an individual receives spousal maintenance in Texas is by fulfilling the qualification of having been married for ten years and not being able to meet basic needs.
I’ve outlined the criteria for being awarded spousal maintenance in the section above entitled “What Is Spousal Maintenance?” It’s important to understand that you are not necessarily going to be awarded spousal maintenance even if you meet the qualifications. Instead, meeting the qualifications is necessary for moving forward with an evaluation to see if spousal maintenance is necessary.
It is possible to receive spousal maintenance that is ordered by the court in Texas. However, the general preference of the courts is that these types of payments are agreed upon through a voluntary contract.
There are two contracts where alimony is typically agreed to as a part of a divorce:
In an ideal scenario, you and your spouse could come up with an arrangement that works for both of you. This refers to both the amount of money being given from one spouse to the other as well as the duration of these payments. If you are drafting a divorce settlement agreement, it’s advisable to work with a lawyer.
Spousal maintenance payments are, ultimately, more easily enforced than contractual spousal support.
The important point, however, is that the court only has this power in relation to payments that are below the statutory limits. Periodic payments above the statutory limits are not within the purview of the court in terms of holding a party in contempt.
It is possible for damages to be awarded in the case of contractual alimony. That being said, wage garnishment isn’t allowed as a part of collecting alimony. This means it’s possible you won’t get the money you are owed even if you go through all the right steps to have the contract enforced.
You can receive alimony in Texas, either in the form of court-ordered spousal maintenance or through a voluntary agreement between you and your spouse. Receiving spousal maintenance through the courts isn’t that easy in Texas, though, as you have to fit specific qualifications. In general, the courts prefer that payments made from one spouse to the other result from a voluntary contract between the two spouses.
Divorce is never easy, but you can make the whole process simpler by gaining a greater understanding of family law in your state. For more information about getting divorced in the Lone Star State, make sure you check out our Texas Divorce Laws blog!
There are nine states in the U.S. that are community property jurisdictions, and Texas is one of them. What does it mean that Texas is a community property state? How will this impact the outcome of your divorce?
The short story is that any property you or your spouse acquired during your marriage is considered community property in Texas, except for a few exceptions. This means that you both own the property equally, no matter whose income purchased it or whose name is on the title.
When you realize you’re getting divorced, your mind will quickly move to questions about things like who will get the house, who will get the car, and who will deal with all that credit card debt.
In this article, we’ll take a closer look at what it could mean for you to get divorced in a community property state.
Yes, Texas is a community property state. Community property is a legal concept that governs how property and assets acquired during a marriage are owned and divided in the event of a divorce or the death of one spouse.
In community property states like Texas, the general principle is that most property and debts acquired by either spouse during the marriage belong to both spouses equally, regardless of which spouse earned or acquired the property.
There are only nine states in the U.S. that are community property states. Here’s the full list:
There are three other states that have a community property law that can be “opted-in” to. In Alaska, South Dakota, and Tennessee, both parties can agree to a community property division. Community property laws also apply to registered domestic partners in three states– Washington, Nevada, and California.
So, what legal concept do the other states use to distribute property and debts in the case of a divorce? The other 41 states are what is known as common law states. This means that a number of different factors are taken into account when splitting things up, including things like:
Understanding community property under Texas law is essential if you’re getting a divorce. Once you have a grasp of what this concept might mean for you, you’ll be much better situated to anticipate the outcome.
Texas law deems that all earnings and property that were acquired during a marriage are considered community property. This means that both spouses own the property together, regardless of which spouse specifically acquired it or whose earnings paid for it.
So, basically, it doesn’t matter if your income paid for the car or your spouse’s income paid for the house. It doesn’t even matter whose name is on the account, title, or contract. If the property was bought during the marriage, it’s considered the property of both spouses equally.
There are three exceptions to this rule. Assets or property acquired during the marriage can be considered separate property if:
If you’re still feeling a bit unsure about what community property means, here are some examples to help make the concept clearer:
Of course, there’s a good chance that you own some stuff you acquired before you got married. This is where the concept of separate property comes into play.
When you get divorced, everything that was acquired during the marriage will be viewed as community property unless you can prove otherwise. The easiest way to do so is for your spouse to be willing to agree that the property belongs to you rather than the marital estate.
Separate property is property that was either obtained before the marriage began or came during the marriage through inheritance, as a gift, or as a part of a personal injury settlement.
Here are some examples of separate properties:
Another concept that’s worth understanding is that of reimbursement. Even if you bought a house or a car before you got married, and it’s considered separate property, it’s possible that your spouse could ask to be paid back if community funds were used to make payments.
For example, let’s say you own a house before your marriage and your spouse moves in with you after marriage. If you’re using the income that either you or your spouse earns to make the mortgage payments, you are technically using community property to make the payments. During the divorce, your spouse could ask for reimbursement since community funds were used to pay for your separate property.
It’s important to understand that your marital property is not necessarily going to be divided equally by the court. Though a 50/50 split can certainly happen, the court isn’t required to break your estate in half and give out assets in precisely equal ways.
Many factors must be considered as a part of this decision, including:
That being said, the simplest and least stressful way to get divorced is for you and your spouse to come to an agreement about how property and debts will be split up. Unless the agreement seems outrageously lopsided, the court will usually agree to a marital settlement agreement signed by both parties.
Another important point is that any property you are awarded will usually mean that you are responsible for any attached debt. For example, if you are given the house in a divorce, that means you’re on the hook for the mortgage. The same goes for a vehicle and its car payments.
There’s a good chance you and your spouse have some debts at the time of divorce, and these will need to be divided up, too.
For example, if you or your spouse have any of the following types of debt, it will need to be determined who will be responsible for making payments after the divorce:
Just like with property, courts don’t have to divide debts equally. The division, instead, must be “just and right” in a way that reflects the particular circumstances of each individual.
No matter which spouse created a debt or has their name on a title, both spouses are considered responsible for liabilities and debts in a marriage.
At the same time, courts can’t remove the name of one spouse from a title or contract even if they’ve given the property and associated debts to the other spouse. This means that in the eyes of the creditor, the other spouse is still on the hook for staying current with payments. This is true in the case of several different types of debts, including mortgages and credit card agreements.
Getting divorced is never easy, but you’ll be much better suited to the task if you have a firm grasp of how divorces work in Texas. Understanding that Texas is a community property state, for example, is key to being able to anticipate the property and debts you’ll be responsible for in your post-divorce life.
Are you searching for more resources to help you as you navigate your Texas divorce? Make sure you check out our Texas Divorce Laws blog for more information and articles.
Is your wife or husband having an affair in Texas? If so, you might be wondering what the heck to do next.
There are few things as disturbing and painful as realizing that your significant other has been unfaithful. If you choose to file for divorce, you’ll want to understand how infidelity can impact the outcome of your divorce.
In this article, we’ll take a close look at what you should do if your spouse is having an affair and what to expect from your divorce.
When you get divorced in Texas (and all other U.S. states, for that matter), you have to state the grounds for the divorce. You can understand “ground” to mean a legally accepted reason for dissolving the marriage.
In Texas, there are both fault-based and no-fault grounds for divorce. One of the fault-based grounds you can claim is adultery. This is an acceptable ground for divorce whether the adultery occurred before or after the two parties separated.
According to the courts in Texas, an individual has committed adultery if they voluntarily engage in sexual intercourse with someone other than their spouse. Individuals are even able to use adultery as the grounds for divorce if the spouses were already separated when the affair occurred.
This is one of the reasons it’s probably not a good idea to start dating before your divorce is finalized, even if you and your spouse aren’t living together.
Realizing that your spouse is cheating on you is one of the most difficult situations anyone could find themselves in. Of course, it’s important to take time to process your emotions and seek support from friends, family members, and potentially a professional therapist or counselor.
At the end of the day, everyone is going to handle a situation like this differently. You might find that it is possible to save your marriage through open and honest communication. On the other hand, you might discover that your spouse has been unfaithful for some time, and the breach of trust is more than you can deal with.
When you realize that your spouse has been cheating, it can be tempting to gather as much evidence as possible both because you want to know what happened personally but also in preparation for a divorce. It’s absolutely essential, though, that you don’t accidentally cross the line of what is legal in your attempts to prove the affair.
One of the best things you can do when you learn your spouse has been unfaithful is to learn as much as you can about the divorce process and seek professional (both legal and emotional) guidance.
If your spouse had an affair and you’re filing for divorce, it’s worth understanding the ways it can impact the major issues in any marriage dissolution. Let’s take a look at how adultery influences property division, spousal maintenance, and child custody and support.
In Texas, “alimony” is referred to as “spousal maintenance.” Spousal maintenance and support are only given out in limited situations.
Judges are only authorized to grant spousal maintenance when the spouse seeking support lacks sufficient property to meet their "minimum reasonable needs," provided that one of the following conditions is met:
Judges will only deliberate how much maintenance to award a spouse if they manage to meet these rather strict requirements. There are many factors that a judge has to take into consideration when determining how much maintenance to award, which can include either spouse having an affair.
So, basically, adultery could potentially have an impact on the amount and duration of spousal maintenance in Texas if you file for a fault-based divorce on the grounds of adultery and successfully prove that claim. At the same time, the requirements are so strict for receiving maintenance in the first place that many couples won’t be impacted by this. Furthermore, adultery is only one of the factors considered if one of you is eligible for spousal maintenance.
It’s worth noting that in addition to spousal maintenance in Texas, there is also a distinct term known as spousal support. This is a voluntary rather than court-ordered agreement that commonly appears in divorce settlements.
Texas is one of the few states in the U.S. that is a community property state rather than an equitable distribution state. That being said, your assets and debts won’t necessarily be split evenly down the middle. The rule of thumb is that judges are required to divide property in a way that is considered “just and right.”
A judge can consider a spouse’s fault in the dissolution of the marriage when dividing property unequally in a fault-based divorce. This means that adultery can be considered a factor when determining how to split up your property.
For example, it’s possible that a judge could give a smaller portion of a couple’s estate than would typically be considered fair if it were proven that they had an affair. Usually, though, there need to be other circumstances in addition to adultery to justify unequal property division.
The children’s best interests are the primary concern when determining child custody or support in a divorce. This is the case both in Texas and in all U.S. states.
In most cases, the adultery committed by a parent won’t impact child custody because it isn’t a given that the individual isn’t a good parent, even if they were unfaithful in their marriage.
As far as child support goes, there is a formula that is based on the income of the paying parent and the number of kids that require support. These child support guidelines are meant to ensure the child’s needs are met, so an affair or other negative behavior on the part of the parents won’t impact the outcome.
Filing for a fault-based divorce is often more expensive than filing for a no-fault divorce. Furthermore, it also tends to be a lengthier process. For this reason, many individuals choose to get a no-fault divorce even when they believe that their spouse’s behavior led to the marriage ending.
If you are going to file for divorce on the grounds of adultery, it’s important to understand that you will have to prove that claim. Circumstantial evidence can be used to prove your spouse had an affair, but it needs to be “clear and positive” rather than a simple suggestion or innuendo.
For example, the following could be used to prove adultery in a Texas divorce:
On the other end of things, if your spouse files for a fault-based divorce due to an affair they believe you’re having, you’ll have the opportunity to defend yourself from the accusation of adultery. This might mean denying the claims, or it could mean proving that your spouse condoned your behavior.
If your wife or husband is having an affair, the most important thing is to make sure that you’re taking care of yourself and your children both emotionally and physically. If you do choose to file for divorce, you’ll need to determine whether it’s worth the time and money to file for a fault-based divorce on the grounds of adultery. Working with a legal professional can help you understand the pros and cons of this option.
If you do choose to go this route, you’ll need to collect evidence that will help prove that your spouse actually committed adultery. At the same time, it’s essential that you don’t gather this information through illegal means. This means you can’t break into their cell phone or hack into their email, listen into their phone conversations, or otherwise break the law.
Ultimately, the best thing you can do when you realize your spouse is having an affair and you want a divorce is to learn as much as possible about the divorce process and how adultery can impact it. For more resources to help you in this capacity, make sure you check out our Texas Divorce Laws blog!
When you’ve decided to get divorced, it’s natural to want to get the process over with as quickly as possible. However, many states have a mandatory waiting period. Does Texas have a ‘waiting period’ before a divorce?
The short answer is yes.
Let’s take a closer look at what you need to know about the waiting period in a Texas divorce.
In half of all U.S. states, divorcing spouses must endure a waiting period of a specific length of time between the initial filing of the paperwork and the finalization of the divorce. This waiting period can be as short as ninety days– in Washington, for example– or as long as six months or more.
It might seem strange that state laws enforce a waiting period before a marriage can be legally dissolved, but the reality is that courts recognize that there is an interest on the part of the state to encourage and protect marriage.
The general logic behind the waiting period is that dissolving a marriage is a serious action. By mandating that couples take a specific period of time to ensure they are doing the right thing, states are trying to make sure that divorces aren’t occurring flippantly or on a whim.
Yes, Texas has a waiting period.
Though this might be frustrating news, you’ll be glad to know the waiting period is ultimately on the shorter side compared to some other states. Places like California, Louisiana, and Vermont all have six-month waiting periods, for example.
In Texas, the waiting period is sixty days, a.k .a. two months.
The waiting period begins on the date the original petition for divorce is filed. Sixty days must pass before a judge is able to grant a divorce except in very specific circumstances.
At the same time, it’s important to understand that this doesn’t mean that your final divorce decree will be signed on day sixty-one. There are a lot of reasons why a divorce might take longer than the waiting period, including disagreements between spouses about how to split up the estate or backlogged court calendars.
If a marriage is declared void or a marriage is annulled, the waiting period doesn’t apply. Instead, this waiting period only applies to couples that were legitimately married and allow them a “cooling off” period before taking an action as definitive as legally ending their marriage.
Only one spouse needs to desire a divorce in order to begin the process in Texas. So long as they meet the residency requirements, they can fill out and file the original petition for divorce either on their own or with the help of an attorney. This paperwork is then filed with the court, and the process of divorce is formally initiated.
The other spouse will then need to receive legal notice that the original petition has been filed. They can either be served the paperwork, or they can choose to sign a waiver of citation. The waiver of citation is often the easiest way to go about this if both spouses are on good terms or at least agreed on getting a divorce in the first place.
If the other spouse doesn’t want to sign the waiver, they will need to be served. Typically, this involves a qualified, neutral third party that delivers the petition and citations physically. The other spouse then has a specific period of time in which they can file an “answer.”
To determine the first date that you could theoretically have your divorce finalized, you’ll want to get out a calendar. Find the day that you first filed your original petition and begin counting on the following day. This includes both holidays and weekends.
Once you have counted out sixty days, you have reached the date that you can first finalize your divorce. If it falls on a holiday or a weekend, the first day a judge will be able to finalize your divorce will be the next business day.
Yes, there are a few exceptions to the waiting period in Texas. However, pretty much everyone is going to need to wait the sixty days unless they qualify under one of the following exceptions:
In these instances where violence is involved in the relationship, the sixty-day waiting period can be waived by a judge. A divorce can, therefore, be granted sooner.
In Texas, the average length of time it takes to finalize a divorce is between six months and a year. As you can see, this implies that the waiting period actually doesn’t usually push back the date that your divorce is finalized.
There are a number of factors that influence how long it takes to get divorced. If you’re getting a simple, uncontested divorce and you and your spouse have no children and few assets or debts, the process of divorce can be fairly swift and may only take a few months. On the other hand, if your divorce is contested, you have children, and your marital estate is ample and complex, the process will likely take significantly longer.
Another factor that can influence how long it takes to get divorced is whether you file on fault-based grounds or no-fault grounds. Fault-based grounds accuse your spouse of some specific wrongdoing that led to the dissolution of the marriage, while no-fault grounds do not accuse either spouse of being responsible for the marriage coming to an end.
If you are interested in a quick divorce in Texas, the fastest route is going to be filing on the grounds of insupportability. You might be more familiar with the term “irreconcilable differences,” which is used in other states for the same purpose. Essentially, this means that you and your spouse are not going to be able to make the marriage work.
You might expect that once you have your divorce decree in hand, you are free to go off and marry someone else whenever you please. However, you actually have to wait thirty-one days after the signing of the divorce decree to remarry someone other than the spouse you just divorced.
If you and the person you just divorced want to get remarried, however, you are able to do so at any time. As you might imagine, this isn’t a particularly common occurrence. After all, given the sixty-day waiting period, most couples have had a significant amount of time to think through their decision to move on from the relationship.
It’s worth mentioning that you will also want to refrain from dating before your divorce is finalized in Texas as well. Beyond the strategic and emotional reasons why this might not be a good idea, there are also legal reasons why you should wait to start dating other people.
When you get a divorce in Texas, there is a mandatory waiting period of sixty days. There are a few exceptions to the rule, but they are fairly specific and only apply to marriages that involve domestic violence.
Even though a judge will technically be able to sign your divorce decree after the waiting period has passed, the truth is that you likely won’t be able to schedule your court date for day sixty-one after you initially filed the paperwork. How quickly your divorce can be finalized is going to depend on a number of factors, including the specifics of your case and the court calendar.
In the face of this, one of the best things you can do is work to understand as much as you can about how divorce works in Texas. For more resources to aid you as you march towards a post-divorce life, make sure you check out our Texas Divorce Laws blog.
Are you starting to get suspicious that your partner is being unfaithful? There are a number of signs your spouse is cheating that you can look out for.
At the same time, it’s important to understand that all of these signs can indicate cheating but could also be resulting from other issues.
If you’re able to confirm that your spouse is actually having an affair, what should your next steps be? Let’s take a look at what you need to know.
How can you know if your spouse is having an affair? While none of the following signs are, on their own, definitive proof of infidelity, noticing several of these signs could be indicative that they are cheating.
It’s never good news when you and your spouse are struggling to communicate with one another. In fact, it can actually be a bad sign when you and your significant other stop fighting.
There’s a good chance there’s an underlying issue if any of the following are happening, though it’s worth noting that infidelity is only one of the potential causes:
It’s generally seen as a good thing when your spouse takes care of themselves. Dieting, dressing nicer than usual, and switching up one’s clothing style aren’t, in themselves, signs of cheating.
However, when combined with other suspect activity, it’s possible this is a sign they are having an affair.
Wondering whether adultery is a common cause for breakups? Check out our article on why people get divorced.
If your partner starts spending more time away from home, it’s possible that it could indicate infidelity.
For example, if your spouse starts a new hobby that requires that they are out of the house for hours a day but don’t want to talk about it and only describe it vaguely, they could be hiding something. When they suddenly are working longer hours with little explanation, this could also be a sign of cheating.
There are a lot of things that could lead to your spouse having a change in attitude. In fact, it isn’t necessarily a bad thing at all.
However, if you notice any of the following, infidelity is one of the potential causes:
Lying is never a good thing in a marriage. Dishonesty as a sign of infidelity can come in the form of lying about cheating itself as well as about other issues.
Some signs to watch out for include:
Another possible sign of infidelity is avoidance. They might be worried about facing questions they won’t know how to answer about who they were with or what they’ve been doing. It’s also a possibility that they feel guilty and don’t want to face you.
Sometimes, people will accuse you of the things they feel guilty about doing themselves. Though it might seem odd, it isn’t uncommon for someone to accuse their spouse of cheating when they are the ones who are being unfaithful.
Showing a lack of interest in things that were once beloved hobbies or topics of interest can also be a sign of cheating. At the same time, this could also mean that they are dealing with depression or another issue.
For example, if you notice that your spouse seems bored with their work, hobbies, their relationship with you, or life in general, it’s possible that they are being unfaithful. They also might become lazy around the house or seem to no longer show any jealousy.
When two people are married for a long time, it’s completely natural for there to be some ebbs and flows to their sex life. At the same time, both too little or too much sexual activity relative to the norm could mean that they are seeing someone else on the side.
Some signs you should look out for in this regard include:
Financial stress is a very common problem in marriages. Few couples will go through their lives together without some conflicts about money.
At the same time, new issues surrounding your finances could be indicative of infidelity. For instance, you might find that there are new charges on your credit card statements that you don’t recognize and your spouse can’t explain. Furthermore, it could be a red flag if they seem to stop planning for large purchases like buying a home or going on a vacation.
If you suspect your partner is cheating, there’s a good sense you’ve thought to snoop through their phone, email, or internet activity.
There are a number of changes in technology use that could potentially indicate infidelity, including:
If you’re thinking about getting a divorce, check out our articles about the cost of divorce in Texas, how long a divorce takes, and whether Texas is a no-fault divorce state.
What are the next steps if you realize your spouse has, in fact, been having an affair? Take a deep breath, make sure you process your emotions, take care of yourself and your kids, and take the time you need to figure out your next steps.
When your suspicions of infidelity on the part of your spouse are confirmed, you’re going to be dealing with an onslaught of emotions. These can include everything from pain, shock, and anger to depression, confusion, and shame.
It can be tempting to try and avoid feeling these extreme emotions, but it’s important to let yourself experience them and accept them. Whether you are certain you’re done with the marriage or you’re hoping you can work it out, give yourself the time and space you need to process everything.
It is perfectly natural to feel anger and even rage when you learn your husband or wife has been cheating. You might even be tempted to try and punish your spouse by having your own affair or talking trash about them to everyone you know.
Before you take any extreme actions, slow down and zoom out to consider the larger implications of your next steps.
Learning that your spouse has been unfaithful is extremely stressful. You might deal with sleep problems, struggle to eat, have a hard time concentrating, or any other number of issues.
Do your best to stay on a schedule, eat healthy foods, get some exercise, and get good sleep during regular hours. Furthermore, make sure you are taking some time to relax and even have some fun!
If there are kids in your marriage, don’t clue them into what is going on.
Sticking your kids in the middle of such an intense and difficult conflict puts them in an impossible position. Don’t put them in a spot where they feel like they have to take sides, even if the affair is going to lead to the dissolution of your marriage.
Working with a therapist or a counselor of some kind can help you make sense of how you feel and what you want to do. When you have the help of an experienced professional, you can learn how to process your feelings in a healthy way and improve your communication skills with your spouse.
Everyone’s relationship is different, and there’s no one right answer regarding what to do when your spouse is unfaithful. Maybe you decide to try and make it work, or maybe it’s the last straw. Give yourself the time you need to make the decision that works best for you and your family.
If you believe that divorce is the right thing for you, one of the most important steps is to learn about what the process of divorce is like in Texas. For more resources about Texas family law, make sure you check out our Texas Divorce Laws blog.
Getting divorced is a major step in anyone’s life– not only does it change just about every aspect of life and cause a great deal of emotional stress, but it’s also an expensive endeavor. The difficulties that divorce can bring about might leave you wondering, what are the main causes of divorce? What would drive someone to go through that process?
The truth is, there are lots of reasons that people in Texas and elsewhere choose to dissolve their marriages. At the same time, some patterns start to emerge when you look at the main factors that motivate individuals to file for divorce.
Let’s take a closer look at what you need to know about the primary reasons people get divorced in the Lone Star State.
Marriages are incredibly complicated, so it’s important to understand that the “main cause” of any divorce is often going to be the final straw rather than the sole factor. At the same time, sometimes a marriage will end after just one clear event that drove a spouse to head to the courthouse and file their paperwork.
Just like anywhere else in the country, infidelity is a significant cause of divorce in Texas. It is often difficult for couples to recover after one has engaged in an extramarital affair, with the breach of trust being too much to bear.
According to some stats, a shocking number of married people have had affairs outside the marriage. One survey from 2018 states that 21% of men and 10% of women had sexual relationships with someone other than their spouse while they were married.
Did you know that women are more likely to initiate divorce than men in Texas? Check out our recent article that looks at six reasons why women file for divorce more often than men.
Poor communication or a breakdown in communication can lead to misunderstandings, conflicts, and emotional distance, which can ultimately result in divorce.
Communication is seriously the foundation of any successful relationship, so when the ability to talk to one another breaks down, the marriage often isn’t far behind.
Financial stress, disagreements about money, and economic instability can place a significant strain on a marriage, especially if this is a common culprit for fights and conflicts. Dealing with your own finances can be stressful enough, after all– trying to collaborate with someone else when it comes to making ends meet can be simply exhausting.
Problems related to substance abuse, whether alcohol or drugs, can lead to marital discord and, in some cases, divorce.
Some stats suggest that more than one-third of divorces involve a citation of substance abuse as one of the primary reasons for the split.
Though there are lots of different reasons people file for divorce, one of the most common “grounds” is irreconcilable differences or insupportability. Take a look at our recent post about what grounds of insupportability are in a Texas divorce.
Sadly, another reason that sometimes leads to divorce in Texas is domestic violence and abuse.
When you consider that this is only physical violence and doesn’t even touch upon emotional or verbal abuse, it becomes apparent why marital violence is such a common cause of divorce in Texas and elsewhere.
A lack of intimacy can result from various issues in a marriage. Still, at the end of the day, people can start to feel like their needs are not being met when physical or emotional intimacy is missing and choose to move on from the relationship.
Sometimes, individuals don’t talk about what they expect out of a marriage before tying the knot. If both spouses have different ideas about whether to have children, where to live, how to relate to money, and more, it can lead to one or both parties deciding it’s time to end the marriage.
Some experts say that it’s a major red flag for your marriage if you never argue. At the same time, fighting all the time and constantly being in a state of conflict isn’t a great sign either.
High levels of stress and constant conflict within a marriage can take a toll on the relationship; at a certain point, it can make divorce seem like the only solution.
Family pressures and cultural differences can also seriously strain a marriage. This is particularly true in cases where one or both families exert a strong influence on the decisions a couple makes about their own marriage and lives.
Serious or chronic health problems can impact a marriage, affecting the quality of life and creating additional stress. When you add in the likely component of medical bills, it becomes easy to see how health issues could cause a lot of strain in a relationship.
In some cases, people simply grow apart. They might even still have a lot of love and appreciation for one another, but they ultimately learn that they have fundamental differences in values, goals, or interests. Realizing that both spouses have changed in ways that make the relationship less tenable can lead to divorce.
Understanding the primary causes of divorce can help you keep an eye out for issues in your own marriage before they get out of hand. At the same time, seeing why others have left their spouse could help you see that it’s time for you to walk away from your relationship.
For example, it can be difficult to clearly see a loved one’s drug problem or tendency towards violence and abuse when you are in the thick of a marriage. By understanding how common these are as reasons for divorce, you could potentially realize it’s time for you to make a change, too.
If you do believe your marriage is worth fighting for, though, here are some quick tips to keep in mind as you work towards improving your relationship:
Some of the most common reasons that people get divorced in Texas include incompatibility, frequent fighting, money problems, and infidelity. Understanding the primary causes of divorce can help you get some perspective on your own marriage or potentially even persuade you to walk away from an abusive or otherwise unhealthy situation.
Through the acquisition of knowledge, you can reduce stress about what’s going to happen, how things will play out, and what you can expect. Furthermore, the more you know about divorce, the more able you are to create a positive post-divorce outcome for yourself.
Are you searching for more resources about family law in Texas? If so, make sure you check out our Texas Divorce Laws blog!
Hiring a full-scope divorce lawyer– i.e., having a lawyer that takes on your entire case from start to finish– on average, pays more than $11,000 in attorney’s fees. This is a pricey service indeed, which leaves many couples wondering: can a divorce lawyer represent both parties during the divorce?
The truth is, though, you really can’t hire one lawyer to represent both of you. No matter how amicable your divorce is, one attorney representing two parties ultimately creates a conflict of interest. You could potentially hire a lawyer to act as a mediator, though, or find a lawyer who will offer specific services to help you through your DIY divorce.
Let’s take a closer look at what you need to know about legal representation in a divorce.
In most jurisdictions, a divorce lawyer can’t represent both parties in a divorce case. The practice of representing both parties is known as "dual representation" or "dual agency," and it generally raises significant conflicts of interest and ethical concerns.
When you’re getting divorced, you’re usually going to have to work out issues like property division, spousal support, child custody, and child support. With such high stakes, it isn’t uncommon for these topics to result in adversarial positions between the parties.
Representing both spouses would make it extremely difficult for the attorney to provide unbiased support to each party while maintaining the duty of loyalty to both.
Even if you and your spouse agree on all of the terms and conditions of your divorce, you are still technically in opposition to one another in the divorce suit. It ultimately creates a conflict of interest for one lawyer to represent both of you.
Family law attorneys are typically required to maintain a duty of undivided loyalty to their clients, advocating for their best interests. When representing both spouses, this loyalty becomes inherently compromised, as one party's best interest may conflict with the other's.
Even if you and your spouse are getting divorced in an amicable way, it’s not a good idea to try and use their attorney to get some advice. Not only is this a bad idea because your spouse’s lawyer is working to protect their best interests, but it could even result in a lawsuit.
Getting divorced is an inherently stressful and complex process. It is certainly possible to get a DIY divorce where you don’t hire a lawyer, but this is really only advisable if the divorce is uncontested and the two of you share very little in terms of property and debt.
Sometimes, people will think that hiring a lawyer will actually make things worse, as it could come off as adversarial in an otherwise amicable split. However, incorporating the help of legal representation can actually help things go more smoothly in many cases.
It’s much easier to eliminate potential conflicts when you have lawyers working for each of your best interests. Besides, arguments and problems can arise during the divorce process even if everything starts off very simple, and lawyers can help you navigate this type of occurrence.
Curious to learn more about the cost of divorce in Texas? Check out our articles about who pays for a divorce and the overall cost of divorce in the Lone Star State.
Even though a divorce attorney can’t represent both you and your spouse during a divorce, it is possible to hire one single attorney to help you out as you work to finalize your divorce.
The way that they can do this is through a process known as mediation. Mediation is where you bring in a neutral third party that will help you reach a marital settlement agreement that you can both live with.
Some couples go with this option because it means they can avoid the cost of working out the details of their divorce in court. Not only is litigation expensive and time-consuming, but it also means that a judge will ultimately be deciding what happens in terms of property division and other essential topics.
When you use a lawyer as a mediator, it’s important to understand that they can’t give legal advice. A lawyer can only act as a mediator if they haven’t previously represented one of the two spouses in a divorce case.
When a lawyer acts as a mediator, they can help your divorce process move along smoothly in a number of ways:
Again, lawyers who are working as a mediator aren’t able to give legal advice. If legal advice is what you’re looking for, you’re going to want actually to hire a lawyer.
Representing yourself in divorce is a tempting option– after all, attorney’s fees are by far the most expensive cost associated with divorce. At the same time, if getting a DIY divorce means that you don’t receive an outcome that works for you, you might kick yourself for not shelling out the cash to have professional legal representation.
There are a lot of good reasons to hire a lawyer when you’re getting divorced. For example, if your spouse has already hired an attorney, it’s highly advisable to seek legal counsel of your own.
It's worth noting that there are some couples that manage to make it through a divorce with only one spouse hiring an attorney. If the couples are on good terms and really do agree on everything, the attorney can draft up the paperwork. While this can be a great way to save some money, you really are kind of playing with fire– the attorney will only be beholden to the spouse who hired them, and the other spouse won’t be able to receive any legal advice from the lawyer.
If you are determined to represent yourself, it is possible to hire a lawyer for specific services– such as looking over your paperwork before you file it– rather than signing on for full representation. It’s also possible that you could have a consultation with a lawyer or pay for a session with them to have them answer your legal questions.
Once you realize you’re getting divorced and you start researching how much this is going to cost, there’s a good chance your jaw hit the floor when you see how much a lawyer will run you.
At the same time, there are some serious benefits to having legal representation in your divorce, particularly if there are children involved or you have any assets or debt to your name.
Ultimately, only you can decide if you need to hire a lawyer for your divorce. As you’re making your decision, one of the most powerful tools at your disposal is information. The more you are able to learn about what your divorce process will look like, the better able you will be to make choices that best support your post-divorce outcome.
Are you searching for more information about divorce in Texas? If so, make sure you check out our Texas Divorce Laws blog.
Did you know that women are more likely to initiate divorce in Texas and in the United States as a whole?
In fact, the numbers are pretty remarkable when you take a closer look. Nearly 70% of divorces are initiated by women in the U.S., while a little over 30% of divorces are filed by men.
The reasons that women tend to file for divorce more than men are multifaceted and complex. However, there are some patterns and trends we can identify. For example, women are more likely to be financially independent these days and also tend to have a larger support network than men. Both of these reasons make it more possible than it was in the past for them to feel confident in their decision to transition out of a marriage.
Stick with us while we explore in greater depth the six primary reasons that women are more likely to file for divorce than men.
According to a study from the American Sociological Association, the majority of divorces in the U.S. are initiated by women. This research found that more than two-thirds of divorces were pursued first by wives rather than their husbands.
Divorces have become significantly easier to get in the U.S. since no-fault divorces were legalized. At this point, you can now file for divorce in all U.S. states without needing to claim specific grounds for divorce beyond incompatibility or insupportability.
Roughly 69% of all divorces in the U.S. are filed by women, according to a study from Standford University that looked at roughly 2000 couples.
Interestingly, the sex of the person who ended unmarried relationships was found to not be significantly weighed towards women or men.
Though women are responsible for initiating most of the divorces in the U.S., about 29-30% of divorces are filed by men.
There are a number of commonly cited reasons that men are less inclined to file for divorce, including:
So, why is it that women are much more likely to be the ones to file the initial divorce paperwork in Texas? Of course, it's important to remember that every situation is unique, and many women might be driven to file for divorce for a complex collection of reasons.
That being said, there are certainly some common threads that can be identified when it comes to the reasons that women choose to end their marriages more often than men do.
In the past, it was common for men to be the breadwinners of the family, and women would stay home and be homemakers. This often left women in a position where getting divorced could mean they would struggle to find a way to support themselves financially.
In recent years, women have become more financially independent, often having their own careers and sources of income. This financial autonomy can make women more willing and able to initiate divorce, as they may not feel as financially dependent on their spouses.
Feelings of unfulfillment and work-life imbalance are significant factors that can contribute to women being more likely to initiate divorce. These emotions and challenges can erode the foundation of a marriage and motivate women to seek a different path.
Women, just like men, enter marriages with hopes and expectations for a fulfilling partnership. When they perceive that their emotional, social, or intellectual needs are not being met, they may begin to consider divorce. Feelings of loneliness, emotional distance, and a lack of intimacy can create a sense of unfulfillment that leads women to seek a change in their relationship status.
Furthermore, women might feel that they are unable to manage both career and family responsibilities. If they perceive that they are managing all of the household and caregiving responsibilities while also working a full-time job, they might feel that there is an imbalance in the marriage that cannot be reconciled.
Women often have stronger social support networks, including friends, family, and professionals, who may encourage them to seek divorce if they are in an unhappy marriage.
What this means is that women are much more likely to have more help regarding their decision to get divorced, as well as support through the divorce process. Having a support network to help them through the transition can make them more likely to be willing to take on this life-changing task.
Ultimately, women might feel more confident that they will be okay if they end their marriage due to having a stronger circle of support. Remarkably, an individual's chance of getting divorced actually increases by 75% if they have a close friend who gets divorced.
One recent survey found that 35% of women (in a sample size of 212 women and 189 men) primarily initiated divorce due to their husband's infidelity.
Men are slightly more likely to commit adultery than women, according to some studies, with 20% of men reporting having engaged in sexual relations with someone who wasn't their spouse during their marriage. Only 13% of women reported having cheated on their spouse while married.
If women discover that their spouses are involved in extramarital affairs, they may be more inclined to initiate divorce due to feelings of betrayal and mistrust. Some might file for divorce after finding out about one instance of adultery, while others might be driven to divorce when they find that their husband has been repeatedly unfaithful.
Other studies have found, to the contrary, that women are actually more likely to cheat than men. Though it isn't commonly mentioned in research, it is possible that another reason that women initiate divorce, in some cases, is because they met someone new that they want to begin a relationship with.
When one spouse has a problem with alcohol, it can put a serious strain on a marriage. According to a report from the NSDUH, 16.3 million adult men reported having a drinking problem in the previous year. Only 12.4 million adult women reported experiencing alcohol abuse issues.
Alcoholism and drug addiction can be significantly injurious to trust in one's marriage. Furthermore, it can seriously impact an individual's ability to earn a steady income, which can put further strain on the marriage.
Considering that men are more likely than women to use pretty much every type of illicit drug and have alcohol abuse issues, it isn't surprising that it would be more common for women to initiate divorce for this reason than men.
24% of divorces, according to a survey published in the National Library of Medicine, are initiated due to physical or emotional violence in the marriage. While both men and women can be the victims of this type of abuse, women are more commonly victims of domestic violence in marriage.
In cases of domestic violence or abuse, women are more likely to initiate divorce as a means of escaping a dangerous or harmful situation.
Several studies have found that women are more likely to cite abuse as their primary reason for filing for divorce than men. In fact, one found that women are 44% more likely to get divorced for this reason.
Understanding why women are more likely to initiate divorce than men in Texas can help you expand your knowledge about the divorce process in general. If you are considering getting divorced, learning that women are driven to divorce due to greater financial independence and having large social support networks, for example, could be useful info to add to the pot when you're thinking about whether it's time to end your own marriage.
Are you interested in increasing your family law literacy to help you prepare for a divorce in Texas? If so, make sure you check out our Texas Divorce Laws blog for more resources!
When you're planning to get divorced, one important question you might have is whether you will be able to go through the process amicably without all of your dirty laundry being aired out in court. By claiming grounds of insupportability in a Texas divorce, you do not need to state that either party is at fault for the end of the marriage.
Filing for divorce on the grounds of insupportability simply means that you and your spouse are incompatible in one way or another to the extent that you don't believe the marriage is salvagable.
Insupportability is the most commonly used reason for divorce in Texas. Even if you know that your spouse has engaged in misconduct that led to the end of the marriage, you still might choose to file for a no-fault divorce on the grounds of insupportability.
Going this route can mean that divorce is less expensive, less time-consuming, and less contentious than if you file for a fault-based divorce.
The Texas Family Code lists seven different grounds for divorce in Texas. The most commonly cited reason for divorce in the Lone Star State is "insupportability."
This is listed as the first acceptable reason for divorce in the Family Code, which is described in this manner:
"Sec. 6.001. INSUPPORTABILITY. On the petition of either party to a marriage, the court may grant a divorce without regard to fault if the marriage has become insupportable because of discord or conflict of personalities that destroys the legitimate ends of the marital relationship and prevents any reasonable expectation of reconciliation."
To put this in plain English, you can choose to get divorced in Texas if you have no reasonable expectation that the two of you will be able to reconcile due to a personality conflict or discord in the marriage.
In other states, you'll hear this same concept referred to as "incompatibility" or "irreconcilable differences."
If you're planning on getting a divorce, there's a good chance there are a lot of reasons you can identify that the marriage isn't working out. However, it's important to understand that the issues in your relationship that are leading to the dissolution of your marriage won't necessarily be used as the grounds for divorce you state in your divorce petition.
You can choose to claim either a "no-fault" or a "fault-based" divorce when you first file to dissolve your marriage in Texas. Which option you go with will have a big impact on two vital factors:
Filing for a no-fault divorce means that you aren't making any claims about which spouse is responsible for the marriage ending. Getting a no-fault divorce is typically less expensive and can also reduce conflict between spouses during the divorce.
There are two different grounds for divorce in Texas that are considered no-fault:
Claiming insupportability is, as you might imagine, more common than filing for divorce based on the grounds of separation. When you file a no-fault divorce due to insupportability, you are basically saying that the two of you aren't able to get along, and the chances that you'll be able to work it out are slim to none.
A no-fault divorce isn't necessarily an uncontested divorce. Filing for an uncontested divorce in Texas means that you and your spouse have already reached agreements about all of the important issues that must be addressed.
If you file for a no-fault divorce and you and your spouse have disagreements about these relevant issues, such as how property and debts are divided, child custody, child support, and spousal maintenance, the divorce will proceed as a contested divorce.
Contested divorces pretty much always take longer and cost more. For this reason, it's worth making the effort to work with your spouse to find a reasonable middle ground to avoid an expensive, drawn-out divorce.
In some cases, an individual might choose to file for a fault-based divorce when dissolving their marriage in Texas. This means they are making a claim that their spouse engaged in misconduct that led to the marriage ending.
The following types of misconduct are considered fault-based grounds for divorce in Texas:
There is actually one more fault-based reason for divorce in Texas, but the sense of "fault" is more technical than anything. The reason for this is that the final reason you can claim a divorce in the Lone Star State isn't the result of voluntary misconduct.
Filing for a fault-based divorce in Texas means that you will have to prove, in court, that what you are claiming is true. In most cases, your spouse will probably fight back against the claims you are making about them.
It's important to understand that filing for a fault-based divorce can make the process much more contentious. There is always a chance that a divorce will end up as a battle in court, but fault-based divorces are much more likely to make it to the litigation process. This is the main reason that fault-based divorces tend to be much more expensive and take longer than no-fault divorces.
Did your spouse file for a fault-based divorce, claiming that you engaged in misconduct that led to the end of the marriage?
If you have been accused of cruelty or adultery, you might be able to use condonation as a defense. In most cases, you'll need to prove the following in order to successfully use this defense in a Texas divorce:
It's worth noting that judges will only grant this type of condonation defense if they feel that there is no reasonable expectation that the two individuals will reconcile.
No-fault divorce has both advantages and disadvantages, and its impact can vary depending on your individual circumstances.
Here are some pros of a no-fault Texas divorce:
On the flip side, here are some of the cons of getting a no-fault divorce in Texas:
There are few things more difficult than realizing that your marriage is ending. Not only do you have to deal with the emotional stress of breaking up with your spouse and starting a new life, but there are also complex legal and financial aspects to the process.
Filing for divorce based on insupportability can help ensure that your divorce isn't any more expensive than it needs to be. At the same time, it typically doesn't take nearly as long to file for a no-fault divorce than a fault-based divorce, meaning that you can get on with your post-divorce life more quickly.
Are you searching for more resources to help you learn about divorce in Texas? Make sure you check out our Texas Divorce Laws blog for guides, articles, and insights.
Divorce is a notoriously expensive process. So, who pays for a divorce in Texas? Should you expect to foot the bill yourself, or is there a chance your spouse will need to cover the cost?
In general, it is expected that each spouse will cover their own divorce costs. The spouse who files for divorce (known as the petitioner) is expected to pay the filing fee.
In some circumstances, though, a spouse might ask the judge to consider ordering the other spouse to cover some or all of their attorney's fees. A number of different factors are considered when this occurs, and a decision about who is paying for what isn't made until the final day of the divorce proceedings.
In this article, we'll take a closer look at how it is determined who will pay for divorce in Texas.
How much it costs to get divorced in Texas depends on a lot of different factors that have to do with your own particular circumstances. For a more complete breakdown of the cost of divorce in the Lone Star state, make sure you check out our guide to the cost of divorce in Texas.
According to studies that were conducted between 2015 and 2019, it costs between $11,000 and $13,000 to get a Texas divorce, on average. Another study states that the average for divorces without children is $15,600, while the average for divorces with children is $23,500.
Texas is one of the most expensive states in the country in terms of the costs of divorce.
There are a number of factors that will influence how much it costs to get divorced, including:
If you and your spouse have no assets and no debt, are divorcing amicably, and feel confident in your abilities to forge forward without a lawyer, the divorce itself really only has to cost a few hundred dollars-- the most substantial cost is going to be the filing fee.
For situations that are more complex, though, it's generally advised to get a lawyer. Involving an attorney significantly increases the cost of divorce, but most people feel it is worth it, considering that their post-divorce financial situation is on the line. Furthermore, reaching a settlement without having to duke it out in court is much less expensive than engaging in the litigation process.
In general, each party in a Texas divorce is typically responsible for their own lawyer's fees. On top of that, the person who first filed for divorce is the only one who generally pays the filing fee.
That being said, this isn't always how things play out. Since Texas is a community property state, one spouse could potentially argue that the cost of the divorce should be equally divided between the two parties.
In Texas, the assumption is that each party will pay for their own legal fees. However, clients can petition for an order to be made stating that their spouse will cover their legal fees.
A judge could order one spouse to cover the attorney's fees of the other spouse if they have significantly more financial resources. The idea here is that a wage disparity should not get in the way of either spouse's right to quality legal representation.
The judge, at the end of the day, has the final say regarding who pays for the attorney fees associated with the divorce in Texas. They will take a close look at the finances of both spouses as well as their ability to generate income when making this decision.
A judge may decide that an individual who earns quite a bit more than their spouse should pay some or all of their spouse's attorney fees under the implication that this is just and right.
There are other factors beyond finances that can drive a judge to order one spouse to cover their spouse's fees. For instance, if one spouse has been found to be hiding assets or is refusing to comply with discovery requests, a judge might order them to foot the bill for their spouse in addition to themselves.
Here are some of the reasons that a client might petition for an order that states their spouse will be responsible for their attorney's fees:
If your marriage is ending because your spouse was unfaithful, you might wonder if this is immediate cause for them to cover your attorney's fees. This is, however, not the case. Adultery on its own isn't enough reason for a judge to order the offending spouse to pay for their spouse's legal fees.
An individual can request temporary fees under the Motion of Interim Attorney Fees if they are unable to pay their attorney's fees during the divorce process.
Whether or not the spouse is granted, is up to a judge. A number of factors will be considered when looking at the financial status of both spouses, including:
A judge might request that one spouse has to cover the other spouse's costs based on this and other information. Some spouses might be ordered to pay their spouse's attorney the same amount they are paying their own, or they might be ordered to make a flat payment.
Though you might be eager to figure out whether your spouse is going to cover your attorney's fees, this issue isn't settled until the last day of your divorce proceedings. Both parties have to be able to show the costs that they have incurred as a part of the divorce.
Divorce is a complex and overwhelming process, no matter how amicable your split is with your spouse. If you are concerned about the cost of divorce in Texas, you might be wondering if your spouse will be ordered by a judge to pay for your attorney's fees. Though it is generally assumed that each party will cover their own costs as a part of divorce in Texas, it is possible that a judge would find it fair and just for your spouse to pay some or all of your legal fees.
If you're getting divorced in Texas, familiarizing yourself with the process can help put your mind at ease. Sometimes, we just need to know what to expect in order to better handle such a difficult and complex process.
Are you searching for resources to help you learn more as you get ready for divorce? Make sure you check out our Texas Divorce Laws blog for more articles, guides, and information.
