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Divorce Information Center
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Law Office of David Todd
Attorney at Law
812 San Antonio Street
Suite 105
Austin, Texas 78701

Phone: 512-472-7799
Fax: 512-477-1332
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Frequently Asked Questions about Texas Divorce

Q: What is a legal divorce?

A: A divorce is a method of terminating a marriage contract between two individuals. From a legal standpoint, divorce will give each party the legal right to marry someone else, to divide and share marital assets and debts, and to determine matters related to the care and custody of their children. In Texas, divorces are either fault-based or no fault.

Q: What is a no fault divorce?

A: Traditionally, divorce was granted only in cases of marital misconduct such as adultery or physical abuse. In these cases, the "guilty" spouse was punished by getting a smaller share of the couple's property or being denied custody of their children while the "innocent" spouse was rewarded for being faithful to the vows of marriage. In a no fault divorce, however, both parties agree that there is no "fault" involved in the grounds for divorce. In Texas, married couples can get no fault divorces if the marriage has become "insupportable" because conflict has destroyed the legitimate ends of the relationship. No fault divorces can also be granted if a couple has been living separately without cohabitation for three years.

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80% of divorced men and 75% of divorced women remarry, whether or not they have children, and most do so within three years.

Texas Divorce Lawyer

Divorce is typically an upsetting and confusing process. The break up of one household into two involves much more than simply obtaining a divorce decree from a court. There may be complications such as domestic violence or paternity issues to deal with.

Even if you and your spouse are honest with each other and on peaceful terms, it is can be painful and difficult to understand the laws and to make necessary decisions regarding child support, child custody and shared parenting time (“visitation”), division of property, and spousal support (“alimony”).

The family law firm of David Todd, Attorney at Law, in Austin, Texas offers hope and help when you need it most. The firm encourages conflict resolution through mediation both during and after divorce in central Texas communities such as Bastrop, Round Rock, Georgetown, and San Marcos, and central Texas counties including Travis, Williamson and Bastrop. And if negotiations fail, the Law Office of David Todd stands ready to protect your rights in court. Read on for general information about divorce.

Texas Divorce - An Overview

Contemplating divorce is always difficult. Involving a knowledgeable Texas family law attorney as soon as possible in the divorce process is one of the best ways to preserve your own long-term financial and emotional health.

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Division of Property in Texas

When there is little or no marital property, no children, no issues of spousal maintenance, amicable spouses can usually obtain a quick divorce by making a divorce agreement and having a judge approve it. Most divorces, however, are quite different and far more complex. The typical Texas divorce involves a union of many years with considerable marital property, both personal property and real estate, children, family businesses, large or concealed debts, trust funds, real estate in other states, joint and separate accounts, investments, insurance, pensions, and other assets. In these complex situations, the parties often cannot divide their property on their own and therefore may require court involvement for its ultimate division.

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Questions to Ask During Divorce

Considering whether you should end your marriage is one of the most important and difficult decisions you will ever encounter. It is important to approach the question from a rational perspective rather than solely an emotional one. In many ways, it is a business decision that requires you to evaluate many issues. Once you review this list of questions, you may rethink the direction you are headed, or you will be better prepared to move forward while working with your attorney.

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How to Move On

Recovering from a divorce is similar to the grieving process one experiences when a loved one dies. There are five stages in the process: shock and denial, anger, ambivalence, depression, and recovery. Many people expect to work through these stages one after the other, but that isn't usually how it happens. You can expect to move in and out of each phase over time and sometimes experience more than one phase at the same time. It is a difficult process and time consuming. Family counselors advise it may take as long as two years to fully recover.

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An Amicable Divorce

Divorce is one of the most emotional experiences a person will ever face. The decision to end a marriage is not an easy one and it is often accompanied with anger, fear, and resentment. The negative emotions associated with divorce are responsible for more than hurt feelings; they affect the final outcome of settlement negotiations. Most important, if children are involved, they will generally suffer. It is in your best interest to approach divorce from an amicable perspective. This will allow you to put on your business hat, which is critical for reaching a successful settlement. It will also allow you to put on your effective parent hat, which is critical for helping your children through this difficult process.

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The information in this Divorce Information Center is general. It is not specific to your case. For answers to your questions about your situation, including family law matters unrelated to divorce, such as adoption or establishing paternity, contact experienced Texas family law attorney David Todd.

David Todd, Attorney at Law

The Todd Law Firm, PLLC
812 San Antonio Street, Suite 105
Austin, TX 78701
Phone: 512-472-7799
Fax: 512-477-1332

E-mail

David Todd practices Family Law serving Austin, Texas, and Central Texas communities including Travis, Williamson, Bastrop, Hays, Caldwell, Blanco, Burnet, Lee, Comal, and Llano counties.

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