Jamie Graham & Associates, PLLC

What You Don't Know About Divorce Can Hurt You

When it comes to divorce, the law is complex. There are many misconceptions that people often accept as fact. This ultimately ends up hurting them. It can lead to costly and time-consuming setbacks or unsatisfactory outcomes. To avoid this, you should take the time to acquaint yourself with some of the key aspects of Texas divorce law.

There Is A 60 Day Waiting Period

Texas requires a 60-day waiting period following the filing of divorce papers. While work can be done on your case in that time, your divorce cannot be finalized until the 61st day, at the earliest.

You Don't Have To Have Grounds, But You May Want To

Texas is a no-fault divorce state, which means neither spouse needs to place blame in order for a divorce to move forward. However, if you were a victim of domestic violence or there are other grounds for divorce, you may want to file on those grounds as it can impact the outcome of your case.

You Have To Prove Your Separate Property

Texas property division rules allow you to keep your separate property, which includes all property you acquired prior to the marriage as well as some inheritances and gifts. However, property is not automatically categorized as separate. You may need to provide documentation to prove that it is indeed your separate property.

Marital Property Is Not Always Divided 50-50

Texas law calls for a just and right division of property. Sometimes that means a 50-50 split. Sometimes it doesn't. Many factors must be taken into consideration, including each spouse's income and earning capacity. Do not assume you will get half the property.

Neither Is Your Time With Your Child

Texas law is guided by the principle of doing what is in the best interest of the child. More often than not, that means ensuring that the child has a continuing relationship with each parent. However, that does not necessarily mean that the child's time will be split in half between each parent. One parent may get more time than the other.

You Cannot Remarry Right Away

With few exceptions, Texas law does not allow you to remarry for at least 30 days following the finalization of your divorce.

A Divorce Attorney Can Make Sure You Understand The Law

You don't necessarily need to know the law, but your attorney does. At Jamie Graham & Associates, PLLC, we have more than 30 years of combined experience guiding people through the divorce process. We will help you navigate this complex process.

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At Jamie Graham & Associates, PLLC, we have received a variety of honors and awards for our family law services. Members of our team have been listed as Top Lawyers in San Antonio Scene magazine. We take pride in the number of positive reviews we have received from satisfied clients. On AVVO, a lawyer rating website, we have received an 8.9 rating overall and many positive ratings from clients and colleagues.

  1. Top 10 Attorneys | American Jurist Institute | 2017
  2. Avvo Rating | 8.9 | Excellent
  3. Avvo Clients' Choice Award 2015 | Jamie Lynn Heggy Graham
  4. Reviews | Out of 12 reviews | Jamie Lynn Heggy Graham | Avvo
  5. BBB | A+ Rating
  6. San Antonio | Best S.A. | Lawyers | 2015

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Jamie Graham & Associates, PLLC
310 South St. Mary's Street
Suite 2500
San Antonio, TX 78205

Phone: 210-272-7034
Fax: 210-308-5669