If you are preparing to go through a divorce in Texas, there are some key terms you will need to know going forward. This will help you feel more comfortable and confident as you start the process, and it will help you make informed decisions every step of the way.
10 Key Terms in a Texas Divorce
So, what are the terms you will need to know? Here are 10 key terms you will encounter during the divorce process in Texas:
1. Community Property
Texas is a “community property” state. Fundamentally, this means that both spouses are considered to be equal owners of most assets they acquire during their marriage. This is true regardless of whether the assets are earned or received by a single spouse (i.e., in the case of one spouse’s income), and it is true regardless of whether one or both spouses’ names are on the relevant documentation (i.e., in the case of a property deed or car title).
Assets owned by both spouses are referred to as the spouses’ community property; and, under Texas law, divorcing spouses must divide their community property according to what is “just and right.” Whether this means that a 50-50 split is warranted depends on the specific circumstances at hand.
2. Separate Property
Any assets that do not qualify as community property will be “separate property” belonging to one of the spouses. Generally speaking, both spouses are entitled to keep their separate property when going through a divorce in Texas.
3. Physical Custody
If you have children from your marriage, establishing custody rights will be one of the main focuses of your divorce. In Texas, there are two aspects to child custody. The first is “physical custody.” This refers to the right to spend time with (and provide a home for) your children.
4. Legal Custody
The second aspect of child custody in Texas is “legal custody.” This refers to the right to make (or participate in making) important decisions affecting your children’s lives. Some examples of the types of decisions that are subject to divorced parents’ legal custody rights include decisions regarding healthcare, education, and religion.
5. Child Support
If you have children from your marriage, you will also need to address child support during your divorce. As a general rule, both parents have a legal obligation to financially support their children until they turn 18 or they graduate from high school, whichever occurs later. Importantly, while child support covers most child-related expenses, it doesn’t necessarily cover all of them—so it will be important to make sure you address all pertinent financial considerations with your lawyer during your divorce.
6. Temporary Alimony
Along with child support, divorcing spouses must also ensure that they make informed decisions about spousal support, or alimony, during the divorce process. There are two main types of alimony under Texas law. The first is “temporary alimony.”
Temporary alimony is generally awarded when one spouse needs financial support during the divorce process. The purpose of temporary alimony is to allow both spouses to continue to enjoy the standard of living they have enjoyed during their marriage while they work toward bringing their marriage to an end.
7. Permanent Alimony
The second type of alimony is “permanent alimony.” However, this is also referred to as “indefinite alimony,” as truly permanent alimony is only rarely awarded. Under Texas law, divorcing spouses have a significant amount of flexibility to negotiate a post-divorce alimony arrangement that works for both of them; and, whether you need to seek alimony or expect to have to pay alimony, you will want to work closely with an experienced divorce lawyer who can help you seek an appropriate award in accordance with Texas law.
8. Mediation
In many cases, divorcing spouses will be able to work with their respective lawyers to negotiate a settlement without the need to involve a neutral third party. However, engaging a neutral third party can also be an extremely effective way of overcoming issues when spouses aren’t able to come to terms on their own.
This generally involves pursuing mediation. In mediation, the spouses (and their respective divorce lawyers) work with a neutral party called a “mediator.” The mediator’s role is not to make decisions for the spouses, but rather to help the spouses find a way to reach an agreement that allows them to move forward. Divorcing spouses can work with a mediator throughout the entire divorce process, or they can engage a mediator to help them resolve specific issues when they need help finding a mutually agreeable path forward.
9. Marital Settlement Agreement
If you and your spouse negotiate the terms of your divorce (whether on your own or with the help of a mediator), you will confirm the terms of your divorce in a Marital Settlement Agreement. This is a legally binding contract that you will submit for the judge’s approval when you take the last step to finalize your divorce. Marital Settlement Agreements have several key terms, and ensuring that you reach a comprehensive agreement on all pertinent issues will be essential for avoiding unnecessary issues in the future.
10. Divorce Decree
Once you submit your Marital Settlement Agreement for the judge’s approval and the judge signs off on your divorce, the process will end with the issuance of a divorce decree. This will be the official confirmation that you and your (former) spouse are no longer married.
Schedule a Confidential Consultation with a San Antonio Divorce Lawyer at Roberson Duran Law, PLLC
Are you ready to talk to a lawyer about getting divorced? If so, we invite you to get in touch. We have decades of experience representing spouses during the divorce process in Texas, and we can use our experience to help you make informed and confident decisions every step of the way. To schedule a confidential consultation with a San Antonio divorce lawyer at Roberson Duran Law, PLLC, please call 210-224-4077 or book your appointment online today.