Divorce & Separation

Ending a Marriage in Texas

Texas is a no-fault divorce state, which means neither spouse has to prove the other did something wrong. Most divorces are filed on the ground of "insupportability" -- the legal term for irreconcilable differences. That said, fault grounds like cruelty, adultery, or abandonment still exist and can influence how the court divides property or awards spousal maintenance. Natalie Fowler helps clients in Georgetown, Williamson County, and the surrounding Central Texas area understand which approach makes the most sense for their circumstances.

The 60-Day Waiting Period

Texas law requires a minimum 60-day waiting period between the date a divorce petition is filed and the date the divorce can be finalized. This waiting period exists regardless of whether both spouses agree on every issue. In some cases, temporary orders may be needed during this window to address living arrangements, child custody, financial support, or the use of marital property while the divorce is pending.

Contested vs. Uncontested Divorce

Not every divorce has to turn into a courtroom battle. When both spouses can reach agreement on property division, custody, support, and other terms, the case can often be resolved as an uncontested divorce, which is typically faster, less expensive, and less stressful. Natalie works with clients to negotiate fair settlement terms whenever possible.

When agreement is not possible, the case is considered contested. Contested divorces may involve discovery, depositions, mediation, temporary hearings, and ultimately a trial before a judge. In these situations, thorough preparation and a clear litigation strategy are essential. Natalie handles contested cases in Williamson County, Travis County, and courts throughout Central Texas.

Issues That Commonly Lead to Contested Divorce

• Disagreements over the characterization or division of community property
• Disputes about custody arrangements or possession schedules
• One spouse hiding assets or income
• Allegations of fault, such as adultery or family violence
• Conflicts about spousal maintenance or contractual alimony

Community Property Division

Texas is a community property state. Property acquired during the marriage generally belongs to both spouses equally, and the court is required to divide it in a manner that is "just and right." That does not always mean a 50/50 split. The court may consider factors such as each spouse's earning capacity, the health of each spouse, fault in the breakup of the marriage, and the needs of any children.

Separate property -- assets owned before marriage, inherited property, and certain personal injury awards -- remains with the spouse who owns it, but proving something is separate property requires clear and convincing evidence. Natalie helps clients trace and document their separate property claims to protect what is rightfully theirs.

Spousal Maintenance

Spousal maintenance (sometimes called alimony) is not automatic in Texas. The requesting spouse must show they lack sufficient property to provide for their minimum reasonable needs and must meet one of several qualifying conditions, such as a marriage lasting ten years or more, family violence, or a disability. The amount and duration of maintenance are governed by statutory guidelines, though the court has some discretion. Contractual alimony, agreed to by both parties, follows different rules and can be more flexible.

How Natalie Fowler Can Help

Divorce affects every part of your life -- your finances, your home, your relationship with your children. Natalie approaches every case with the goal of reaching a resolution that protects your interests and sets you up for what comes next. Whether your case can be settled at the negotiating table or needs to be tried in court, she will give you honest advice and straightforward representation.

If you are considering divorce or have already been served with papers, call Fowler Legal PLLC at 512-765-5811 to schedule a consultation.