Either the husband or the wife may file for divorce in Texas. Sometimes, when it appears that divorce might be coming, we are asked whether it matters who files first. The short answer is: it does. While the burdens of proof and presenting evidence do not change based on who files first, other, important, tactical factors will vary.
I often hear people say that they are “Common Law Married.” Sometimes, when I hear that, I ask what that term means to them. I have received a wide array of answers, such as “we have been living together for a long time,” or “we have agreed to never give-up on our relationship.” But, what does Common Law Marriage really mean in the eyes of the law of Texas? The answer to that question is what this post covers.
So, you’re either thinking about filing a Texas divorce, or already have one started in Texas, and, you want to know how the process works. There are certain steps that must occur in all Texas divorce cases, although there are many other things that might happen in your particular case. This post cannot discuss every step that might occur, but it does discuss the most common steps that occur in these cases.
The overwhelming majority of Texas child custody cases wind-up having a so-called “Standard Possession Order” (SPO) put into place. But, understanding what that order says can be difficult, because it is long, and is written in technical terms. This article discusses, in common language, what that order does.
Texas is one of just a handful of Community Property states, and as such, divides marital property in divorce cases differently from the other, non-Community Property states. So, just how does Texas make that property division?