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Georgetown Certified Family Law Attorney Explains Texas Divorce Law

Helping families in transition

I am a board-certified Texas family law attorney with more than 30 years’ experience. For eight of those years, I served as a judge in Williamson County, presiding over divorces, custody and child support matters, criminal cases, civil cases and probate issues. My experience enables me to handle anything that comes my way in your case.

My staff and I at Kevin Henderson Attorney at Law believe an informed client is an empowered client. A full understanding of the law in your case helps minimize your fear and anxiety when your family is in transition. When we meet, I explain Texas family law and how it applies to your case. I draw from my experience in hundreds of cases to give you an idea of how the Williamson County courts tend to lean on various family law issues.

What does it mean to get divorced in Texas?

Divorce is the permanent legal end of a marriage. During a divorce, either the parties themselves or a court decides how the couple’s property is divided. Additionally, any child-related issues, such as support and visitation, are decided.

The end result is a public court document officially dissolving the marriage. The final decree of divorce allows both spouses to move forward with their lives.

A divorce may be either a no-fault divorce or based on allegations of fault in Texas. Some of the reasons you might file for a fault-based divorce include:

  • Mental cruelty
  • Imprisonment or conviction of a felony
  • Adultery
  • Domestic violence
  • Abandonment
  • Drug or alcohol abuse
  • Impotency
  • Insanity or confinement to a state mental hospital

Can I get a legal separation in Texas?

No. Legal separation is a distinct process available in some states, but not in Texas.

When a spouse files for divorce, a court may make temporary orders that can remain in effect until the divorce is final. The temporary orders generally pertain to:

  • Custody
  • Support and possession schedules for children
  • Various financial issues
  • A determination of who gets to stay in the house
  • Who pays the bills
  • Who uses and controls which property

Temporary orders are not the same as a final decree. A couple remains married until the court issues a final decree of divorce.

What is mediation?

Mediation is a negotiation process in which the disputing parties are assisted by a trained mediator, also referred to as a third-party neutral. The mediator’s job is to facilitate discussion and help parties reach an agreement as to the terms of their divorce. Unlike a judge, a mediator does not decide the final outcome. The parties decide if and when to make concessions in the negotiation process.

Mediation is a flexible alternative to a trial, and can be cheaper and faster than waiting and preparing for a formal trial.

What is a foreign divorce?

A foreign divorce is one obtained in a different state or country from the place where one spouse resides at the time of the divorce. Foreign divorces can be registered in Texas for purposes of modification and enforcement.

What are residency requirements in Georgetown, TX?

Texas has very specific residency requirements for couples who want to divorce. According to state law, you or your spouse must have been living within Texas for six months before you can file for divorce.

In addition, you must have lived within your current county for 90 days. Once your divorce has been filed, Texas law requires that a couple wait 60 days before the divorce can be made official.

Call a Georgetown, Texas certified divorce attorney for a free consultation

Contact my office at Kevin Henderson Attorney at Law to discuss your case and determine the best options for you. With more than 30 years’ legal experience, I am very familiar with the law and procedures and help you navigate the family court legal system. Call me for legal representation you can rely on at 512.887.1996 or contact my office online to schedule a free consultation.

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