10 Key Facts a Divorce Expert in Southlake, Texas Should Share with Clients
Divorce can be one of the most stressful and complex legal processes, and without the right legal guidance, you may unknowingly make decisions that could negatively impact your future. Experienced divorce lawyers in Southlake, Texas, understand the intricacies of family law and help clients navigate the challenges of divorce proceedings. If you're considering divorce, in this blog post we will show you 10 key facts that expert divorce attorneys in Southlake, TX, should share with you to ensure a smooth and informed legal process.
1. Texas Is a Community Property State
Texas follows community property laws, meaning that most assets acquired during the marriage are considered jointly owned and must be divided fairly during divorce. However, fair division doesn’t always mean a 50/50 split—factors such as contributions to the marriage and financial circumstances can affect property division.
2. There Are Both Fault and No-Fault Divorce Options
In Texas, you can file for no-fault divorce, which means neither party is blamed for the breakup. However, a fault-based divorce—such as on grounds of adultery, cruelty, abandonment, or felony conviction—can influence asset division and spousal support decisions.
3. The Waiting Period for Divorce in Texas Is 60 Days
Texas law requires a minimum 60-day waiting period after filing before a divorce can be finalized. However, the entire process can take longer depending on the complexity of the case, including disputes over child custody, property division, and alimony.
4. Child Custody Is Determined Based on the Child’s Best Interests
Southlake courts prioritize the best interests of the child when deciding custody (conservatorship). Factors considered include:
✔ Each parent's ability to care for the child
✔ The child’s emotional and physical needs
✔ Stability of the home environment
✔ Any history of domestic violence or abuse
Parents can either share joint managing conservatorship or one parent may receive sole managing conservatorship if deemed necessary for the child’s welfare.
5. Spousal Support (Alimony) Is Not Guaranteed
Texas courts do not automatically grant spousal maintenance (alimony). To qualify, one spouse must prove they lack the financial means to meet their basic needs and that they:
Were married for at least 10 years, or
Have a disability, or
Are caring for a child with a disability, or
Are a victim of family violence.
The court determines the amount and duration of alimony based on income, financial needs, and earning capacity.
6. A Prenuptial Agreement Can Impact Property Division
If you signed a prenuptial (or postnuptial) agreement, it could dictate how assets are divided in the event of a divorce. These agreements can protect business interests, inheritance, and separate assets from being subject to community property laws.
7. Hiding Assets Can Lead to Legal Consequences
During a divorce, both parties are required to provide full financial disclosure. Attempting to hide assets—whether through undisclosed bank accounts, offshore investments, or transferring assets to friends—can result in penalties, loss of property, and even perjury charges.
An experienced divorce lawyer in Southlake can conduct forensic financial investigations to uncover hidden assets and ensure a fair settlement.
8. Mediation Can Be a Cost-Effective Alternative to Court
Divorce litigation can be lengthy and expensive. Mediation is an alternative dispute resolution process where a neutral third-party mediator helps spouses negotiate a fair agreement on property division, child custody, and spousal support without going to trial.
Texas courts often encourage mediation to reduce courtroom congestion and help families reach amicable resolutions.
9. Divorce Can Affect Your Credit and Finances
Divorce can have significant financial consequences, including impacts on credit scores, taxes, and retirement funds. Key financial aspects to consider include:
✔ Separating joint accounts to prevent financial liability
✔ Updating beneficiaries on life insurance and retirement plans
✔ Understanding tax implications of alimony and child support
A Southlake divorce lawyer can help you prepare for financial changes and avoid costly mistakes.
10. Modifications to Divorce Agreements Are Possible
Life circumstances change, and sometimes divorce agreements need to be adjusted. Texas law allows for modifications to child custody, child support, and spousal support if there is a substantial change in circumstances, such as:
✔ A parent losing their job
✔ A parent relocating for work
✔ A change in the child’s needs or well-being
To modify an agreement, you must file a legal petition and prove that the requested change is in the best interest of the affected party.
Protect Yourself with the Right Divorce Lawyer
Divorce is a complex legal process that requires careful decision-making. An experienced divorce lawyer in Southlake, Texas, can help you navigate property division, child custody, alimony, and financial concerns while ensuring your rights are protected. At The Law Offices of Kate Smith, our expert divorce lawyers near Southlake, TX, provide clients with the knowledge and strategies needed to confidently navigate the divorce process.
Kate Smith, a Board-Certified Family Law Specialist by the Texas Board of Legal Specialization, holds an LL.M in Dispute Resolution and brings extensive experience in family law matters. Whether you're facing property division, child custody, alimony, or financial concerns, our team is committed to protecting your rights and helping you achieve the best possible outcome. If you’re considering divorce, consult us to provide personalized legal guidance tailored to your unique situation.
Contact us at www.katesmithlaw.com
