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What are ‘grounds for divorce’ in Texas?

Posted on in Divorce

People get divorced for all kinds of reasons — but at least one of those reasons has to serve as “grounds” for the divorce. In Texas, the grounds on which your divorce is based can have a significant effect on your actual divorce process, so it’s smart to understand your options.

No-fault divorce

Like most other states, Texas allows for a “no-fault” divorces. If you and your spouse have been living apart for at least three years, you can use this option. Even if you haven’t, you can still file a no-fault divorce on the basis that your “marriage is insupportable due to discord.” It isn’t necessary to spell out the specific problems that you and your spouse have with each other, which makes this one of the most compassionate and practical ways to end a marriage.

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Divorce rates are up in Texas: Here’s why

Posted on in Divorce

Texas divorce courts are a little busy right now. That’s not particularly surprising, given that much of the nation experiences a surge in the number of newly filed divorce petitions around this time of year.

Why does it happen so regularly (and predictably) every year? Most attorneys say that it comes down to several different reasons, depending on the couple:

  • Some couples have already agreed to divorce before the new year starts. However, they don’t want to break the news to their children, family or friends until the holidays are over because they know the situation will detract from the holiday celebrations.
  • Some people quietly come to the realization that they’re unhappy and use the new year as a starting point for their “new selves.” Much like a commitment to get healthier, eat better or exercise more, deciding to finally leave an unhappy marriage is part of their New Year’s resolutions.
  • Some couples (or individuals) were on the fence about their marriages and may have talked to attorneys before the end of the year — but decided to give their relationship one last chance. The stress of the holidays, combined with an unusual amount of “togetherness” can either make or break a marriage that’s already on the rocks.
  • Some couples delay filing for purely practical concerns: They want their tax filing status to remain the same and they want to use their tax returns to finance the divorce or their move to a new place.

The next big rush to the courthouse happens around summer when the kids are out of school and family vacations are over (but before the holiday rush starts again). If you’ve been thinking about divorce, find out what your next steps should be.

What’s the cost of a divorce in Texas?

Posted on in Divorce

One thing that hits people hardest during a divorce is the expense of the process. Aside from filing fees, there may be expenses for realtors, appraisers, tax professionals and more. Every negotiation over how to divide the assets or what visitation and custody should look like takes time — and time costs money.

While there can be a huge variation in the amount that any couple pays for their divorce, it’s natural to wonder how much a divorce is likely to cost you. Unfortunately, there’s a bit of bad news for Texans: The state is one of the most costly when it comes to ending a marriage.

While it only costs a few hundred dollars to actually file for a divorce, the average cost of a divorce that doesn’t involve minor children is $15,600. If you do have children, that average cost shoots up dramatically — to about $23,500. That’s the fifth-highest cost in the country for both categories. (If you want to know who has it the worst, that’s Californians. The higher cost of living in the state is likely behind the extra expense.)

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Marriages begin full of love, hope and desire. The drive to take care of each other for better or worse is alive and well. However, over time, the unfortunate realities of life may settle in and start to pry out those happy feelings, replacing them with stress.

A couple rarely wakes one day wanting to divorce. As the divorce rate hovers a little over 50%, the reality is that the stress that couples must endure through the years may wear down even the strongest allies. Becoming familiar with some of the common marital stressors that lead to divorce may help in getting you through.

Finances

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In Texas, there’s a 60-day “cool-off” period between the time you file a petition for a divorce and the time the court can grant it. The law is purposefully designed to give couples a chance to reconsider. Divorce is, after all, a big step and highly disruptive to the lives of everyone in the family.

So, if you’re one of the many people who have decided that January is the time to move forward with their divorce, should you reconsider your decision?

Here are some of the signs that your marriage really is over:

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