How to Navigate Divorce in Harker Heights
Divorce is never easy, but having the right information—and the right advocate—can make all the difference.
At The Law Office of Jonathan Tanaka, PLLC, we serve individuals and families in Harker Heights and throughout Bell County with experienced, strategic legal support tailored to your needs.
Whether you’re just considering divorce or already facing legal proceedings, this guide walks you through key aspects of the Texas divorce process.
Key Elements of a Texas Divorce
Residency Requirements
To file for divorce in Texas, generally:
One spouse must have lived in Texas for at least six months.
That spouse must have lived in Bell County for at least 90 days prior to filing.
There may be exceptions to these rules in limited circumstances, such as military service, or when children are involved who live in different states.
Community Property
Texas is a community property state, meaning most assets and debts acquired during the marriage are considered jointly owned. Property division is not necessarily 50/50, but it must be “just and right.”
Property acquired before the marriage is usually separate.
Inheritances and gifts to one spouse may also be considered separate.
Hidden or mischaracterized assets can complicate the process, which is where legal help becomes valuable.
Conservatorship (Child Custody)
Texas courts presume it is in the child’s best interest for both parents to be named joint managing conservators, which means:
Both share legal rights and responsibilities for the child.
Exceptions may apply in cases involving family violence, abuse, or neglect.
Child Visitation (Possession and Access)
The Standard Possession Order (SPO) is commonly used, but courts may adjust it to fit the child’s needs.
The SPO typically gives the noncustodial parent visitation on the 1st, 3rd, and 5th weekends, certain holidays, and extended summer time. This may change depending on how close the parents live to each other (i.e. less than 50 miles or over 100 miles apart).
Parents can agree to an alternative schedule if it’s in the child’s best interest.
Judges may grant supervised visitation in cases involving safety concerns.
Do You Need to Hire an Attorney?
Why Hire a Divorce Attorney?
A skilled family law attorney can (among other things):
Assist to protect your financial interests during asset division (or to identify assets that you are entitled to).
Ensure accurate filing of documents to meet Texas deadlines and to include your requests.
Advocate for fair outcomes in negotiations or court and help you put your best foot forward.
Steps in the Divorce Process
File a Petition: Submit an Original Petition for Divorce in Bell County.
Serve Your Spouse: Notify your spouse, who has roughly 20 days to respond (it’s going to be slightly longer than 20 days).
Negotiate Terms: Address asset division, child custody/visitation, and other issues through mediation or negotiation.
Finalize the Divorce: A judge issues a final decree after an agreement or trial.
Contact The Law Office of Jonathan Tanaka, PLLC
If you’re facing divorce in Harker Heights, schedule a consult with Jonathan Tanaka on our website.
Let us help you navigate this process with confidence.
