Waxahachie Divorce and Prenuptial Agreement Information

Provided by a Qualified Waxahachie Family Lawyer

At Loucks & Drew, P.L.L.C., we make it our personal mission to help families facing divorce work through their family law issues and adapt to their new family situations. We know that divorce can be a painful and emotionally draining process, and we do whatever we can to help you get through this difficult time. When you contact our firm, a Waxahachie divorce lawyer will sit down with you to discuss your situation and come up with the best strategy to develop a favorable separation agreement. We will then use our knowledge and experience to zealously represent you during negotiations. Should your divorce proceedings escalate to a trial, we will use our family law litigation experience and strong reputation to protect your rights in the courtroom.

Grounds for a Texas Divorce

If you and your spouse are facing the possibility of a divorce, it is important that you understand the grounds upon which you can base a divorce petition. Texas has both "fault" and "no fault" grounds for divorce. Fault grounds are not necessary to obtain a divorce but may be considered in dividing the property and deciding the rights of the parents in regards to child custody and visitation rights. Fault grounds for divorce include:

  • Adultery
  • Cruelty
  • Conviction of a felony
  • Abandonment for at least one year
  • Confinement in a mental institute for at least three years due to a mental condition that is unlikely to be cured

It is also possible in Texas to obtain a divorce based upon "no fault" grounds. A divorce can be granted, if one or both spouses state that the marriage has become insupportable because of a conflict that destroys the marriage relationship and if the spouse(s) cannot reasonably expect reconciliation.

Requirements to Obtain a Divorce in Texas

To obtain a Texas divorce, you must not only state the grounds for divorce, but you must also meet the residency and waiting period requirements. At the time the divorce petition is filed, at least one spouse must have been a domiciliary of Texas for at least six months and a resident of the county in which the petition is filed for at least 90 days. Once the petition is filed, the couple must wait a minimum of 60 days before the divorce can be granted. Because these requirements can be complex and may vary depending on your unique situation, it is important that you consult a Waxahachie child custody attorney who can ensure that you have met all the applicable requirements prior to filing for divorce.

Drafting Sound Prenuptial Agreements

To avoid conflict about some of the various issues associated with divorce, many couples choose to enter into prenuptial agreements that specify how property will be divided upon divorce. A sound prenuptial agreement will address the following issues:

  • Property division upon divorce
  • Division of the assets and debts upon divorce
  • Each spouse's right to take against the other spouse's will
  • Right to keep separate property during marriage
  • Right to limit or increase spousal support upon divorce

If you have already signed a prenuptial agreement and are facing the possibility of divorce, it is important to remember that a prenuptial agreement is not enforceable if it is demonstrated that:

  • The agreement was not signed voluntarily
  • The agreement was unconscionable when signed
  • One of the spouses failed to provide a fair and reasonable disclosure of property owned prior to the marriage

Providing Compassion and Zealous Representation During this Difficult Time

Divorce can be an emotionally draining process, and we understand the pain and frustration associated with dividing your property and working out any child support and custody issues. If you are currently facing a divorce from your spouse, contact a Waxahachie divorce attorney at Loucks & Drew, P.L.L.C., today to discuss your situation.