Youngblood Law›
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FAQs
Does my spouse automatically get half of my retirement?
Maybe. Be advised that Texas family courts see adultery all the time, so Texas judges are not shocked by a cheating spouse. However, the cheating spouse may have to compensate the innocent spouse if: Not necessarily. There are two major points here. First, is that some or all of your retirement was accrued during the marriage. The portion accrued during the marriage is not yours. It belongs to the community. It is community property. This means that your spouse has an ownership interest in the retirement accrued through your job! So your spouse is not technically getting half of your retirement; half of it belonged to your spouse the whole time. Likewise, any retirement your spouse had is half yours. Second, your spouse may be willing to forego her share of your retirement in exchange for more of some other asset such as the marital residence. The retirement accounts can be negotiated.
Can the waiting period be waived?
The waiting period can only be waived by agreement of the parties and permission of the court, or in the case of family violence that makes the sixty-day waiting period unworkable.
Is the procedure different for an uncontested divorce in Texas?
No. The procedure is the same for uncontested divorces as for hotly contested divorces. However, an uncontested divorce will be much less expensive because several expensive processes like discovery and mediation are bypassed due to agreements made by the parties.
Will my spouse have to be served with papers?
As with all legal proceedings, a spouse is entitled to proper notice of the suit for divorce. In some cases, as in an uncontested divorce, a spouse may waive the right to be served with divorce papers. A waiver of service must be signed and notarized.
What are grounds for divorce in Texas?
Grounds for divorce include adultery, abandonment, living apart, incarceration, cruelty, and being confined to a mental hospital. However, the most common reason for divorce is insupportability. Most Texas divorces do not blame the break-up of the marriage on either party, and there is not a lot to be gained in a divorce by blaming fault.
More detailed information is available on the FAQ page of our website.
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