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Deciding to end your marriage is one of the most difficult and emotional decisions you will ever make, particularly if you have children. Divorce involves financial matters that must be resolved and legal issues that must be addressed before the process is concluded. A family law attorney at The Law Offices of Randy Wilson and Kristin Postell, PLLC can help you to understand the issues involved in divorce and how to proceed for the best result.

Grounds For Divorce

Traditionally, someone seeking a divorce had to make an allegation of fault. Today, Texas allows no-fault divorce that does not require proof of misconduct or misdeeds on the part of one or both spouses. One spouse may obtain a divorce even if the other does not consent.

Texas also allows for fault-based divorce.  Grounds for fault-based divorce include adultery, cruelty, abandonment, felony conviction, and confinement in a mental hospital. Even if fault is not required to obtain a divorce, it may play a role in determining whether an award of spousal support is appropriate.

Division of Property

Texas is a community property state, meaning assets and debts acquired during the marriage are generally divided equally between spouses. However, the court may consider factors such as fault in the breakup of the marriage or differences in earning potential when dividing property.

Spousal Support And Maintenance

Spousal support, also called spousal maintenance or alimony, may be awarded in certain cases where one spouse requires financial assistance following the divorce. Factors such as the length of the marriage, each spouse’s earning capacity, and the ability to pay are considered when determining spousal support.

Mediation and Litigation

Many divorces in Texas are resolved through mediation, where couples work with a neutral third party to reach agreements on issues such as property division and child custody. However, if an agreement cannot be reached, the case may proceed to litigation, where a judge will make decisions on behalf of the couple.

Contact A Family Law Attorney Today

Having a skilled attorney who understands Texas divorce law is essential to protecting your rights and achieving a fair outcome. An experienced attorney can guide you through the process, advocate on your behalf, and ensure that your interests are represented at every stage. Working with an experienced family law attorney at The Law Offices of Randy Wilson and Kristin Postell, PLLC can help you to get through the process with less stress.