Matrimonial Lawyer in Amarillo
An Attorney Who Fights for What You Deserve
Even if there are no children involved, divorce can be complicated and heated. There are assets and debts to be divided. One spouse may seek the other to pay alimony. Below is an explanation of how to file for divorce and some of the issues you can expect in a divorce action.
Find a lawyer who fights for what you deserve. Contact the Law Office of Randall L. Sherrod to get help from an Amarillo matrimonial attorney.
Matrimonial Law in Amarillo
Filing for divorce in Texas
To file for divorce, the spouse must be a resident of Texas for six months and a county resident for 90 days. The divorce process begins when one of the spouses files an original petition for divorce.
Either spouse may obtain a divorce by merely stating in the divorce papers that the marriage has become “insupportable” due to a conflict between the spouses and that there is no reasonable expectation of reconciliation.
If the parties agree that there should be a divorce, they can stipulate in writing that the marriage can be ended. A divorce will be finalized without a trial if the parties agree on issues such as the division of property, custody, and child support. If the parties cannot agree, the court will hold a hearing.
Division of property and debt
Texas is a community property state. As a result, the assets and debts acquired during the marriage are divided equally at the time of divorce.
But not all property is considered community property. Here are a couple examples of exempt property:
- An asset that a spouse owned before the marriage and was kept separated from property acquired during the marriage
- Income produced by a separate property investment as long as it was not commingled with community money
- Property a spouse inherited from family during the marriage, as long as it was willed only to the spouse and was not commingled with community assets
Alimony
In Texas, courts awarding alimony generally consider these factors:
- The length of the marriage
- Each party’s needs
- Each party’s financial resources and liabilities
- Each spouse’s responsibility for the children
- The sources of income available to the spouses
Texas courts are authorized to order temporary alimony when the divorce is pending. If the parties were married for more than 10 years, the spouse seeking support may be able to receive alimony for up to three years after the divorce is final.
Call 1 806 576-4257 for an Amarillo matrimonial attorney.