Divorce FAQ

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Answering Your Questions About Divorce

Since no two families are the same, divorce cases require individualized attention. The Law Office of Brian Bagley, PLLC, has helped clients throughout Texas find a new normal. Many people are unsure of their rights and don’t know where to start. We are here to help navigate the process. Below is a list of frequently asked questions for your convenience. To discuss your case in depth, call our office in Plano today at 972-910-2203 or fill out our contact form.

Q: How long does the process take?

A: After the papers have been filed, it will take at least 60 days for it to be finalized. However, this only happens in cases where both spouses agree to all the terms of the divorce. When there are disagreements, there is more to work out and it can take longer.

Q: Do I need grounds for divorce?

A: Texas is a no-fault state. This means that you can simply say you have irreconcilable differences and no longer wish to be married. It is important to know that if you do list a reason for your divorce, it may influence how property is divided.

Q: Who gets the house?

A: Texas is a community property state. This means that anything acquired during your marriage can be separated between you and your partner. It’s possible to buy your partner out, if it is something that you want. In an ideal world, you both will agree who gets to stay in the home. If you bought the property prior to the marriage, it is considered yours, and you have the rights to it.

Q: Do we have to go to court?

A: Through mediation and arbitration, it is possible to avoid trial. This requires each party being open to compromise. The goal is to find a common ground. When you can’t reach an agreement, you will have to go in front of a judge who will make the final decision.