San Benito Divorce Attorney
Divorce Services For All of Brownsville & Cameron County, TX
When a couple decides to call it quits and move forward into a new chapter of life, having a San Benito divorce lawyer can help to ease the transition. Depending on the circumstances, divorce can be a complicated legal matter in separating the financial, emotional, and family lives of the two parties. Many decisions will need to be made that can affect your life for years to come.
At Gustavo D. Elizondo, III Attorney at Law, you can partner with an advocate who has the experience and skills needed to help you navigate the stormy waters of divorce. As your advocate, our firm will work diligently to help you reach a favorable outcome for your future.
No-Fault Divorce in Texas
Texas is a "no-fault" divorce state, meaning that neither spouse has to prove any type of marital misconduct on the part of the other spouse. The legal requirements to file for divorce include at least one of the spouses having lived in the state for six months and in the county where the petition is filed for at least three months.
A no-fault divorce is based on the contention that the marriage has broken down irretrievably with no hope of reconciliation.
You will need to reach an agreement with your spouse regarding certain issues:
- The division of marital property and debts
- Child custody and visitation
- Child support
- Spousal support
When two people work together to reach agreement on these issues—whether through negotiation, mediation, or by working it out on your own—it is called an uncontested divorce and will usually be quicker and more cost-effective due to the absence of extended litigation.
When you and your spouse cannot agree on the issues relevant to your divorce, the case will proceed to court where a judge will hear evidence from both sides in order to determine how all issues will be resolved for a finalization.
Grounds for Divorce in Texas
Texas also still maintains fault-based grounds for divorce. When divorcing in this manner, you will have to prove fault to the court.
These grounds include:
- Desertion of at least one year
- Insanity with institutionalization for at least three years
- Living separate and apart for at least three years
- Conviction of a felony with incarceration for at least one year
Texas Divorce Process
The process for divorce begins with one spouse (the petitioner) serving divorce papers on the other spouse (the respondent). This beginning part of the process can include obtaining a restraining order to prevent either side from concealing assets from the other before the divorce process can be completed.
Work with an Experienced Family Law Firm
Going through the divorce process is not easy. These complex legal matters benefit from the help of a trained family law attorney. To ensure that your divorce is handled properly and that your best interests are protected and served through the process, we urge you to work with Gustavo D. Elizondo, III Attorney at Law. We take pride in providing outstanding legal ability and exceptional service to our family law clients.