A marriage that has lasted ten years has reached a significant milestone, especially if an impending divorce accompanies that milestone.

While any spouse can hire a divorce lawyer to assist them through the divorce process at any point in their marriage, the Texas family court looks closer at the situation when the marriage has been ongoing for ten years or more.

Whether couples with 10-years+ of marriage decide to divorce on a fault basis or simply because the relationship has changed, family divorce attorneys often find that these divorces can be somewhat more complex to resolve.

Anyone seeking a divorce with 10 or more years of marriage behind them should find a Texas family divorce law firm with considerable experience to help them through the process.

How Does Marriage Duration Affect Divorce Law In Texas?

The Texas family court recognizes no-fault divorce and community property laws, which divorce attorneys must adhere to when advising their clients.

Additionally, while the state does allow for spousal maintenance in certain cases, the eligibility requirements are fairly high, with most spouses not being eligible for this post-divorce financial support.

Divorce lawyers find that all of these decisions can be weighed differently when a couple’s marriage has lasted for ten years or longer, as this demonstrates a more permanent and intermingled relationship which may require different considerations for separating it once again.

Based on this premise, couples divorcing after longer marriages may face more stringent requirements and be required to make more compromises as well as considerations to have a divorce decree approved by the court.

How Are These Things Decided In A 10+ Year Texas Marriage?

Divorcing couples with 10 or more years of marriage behind them must consider the different ways the length of their marriage can affect the negotiation of their divorce:

Spousal Maintenance Eligibility - Although spousal maintenance is not generally awarded in Texas, divorce lawyers find that it is easier for spouses in longer marriages to meet eligibility and need requirements than those in shorter marriages. The court recognizes that as relationships go on, the possibility of one spouse becoming dependent on the other spouse increases. Requests for spousal maintenance by those meeting the eligibility criteria are considered more valid if the relationship has continued for 10 years or more.
Division of Community Property - Divorce attorneys often find that the process of separating community property from private property can become more challenging the longer a marriage goes on. While it may be easy to differentiate at the start of a marriage, that can all change through the years as financial accounts become intermingled and other property as well as assets are accessed by the couple collectively, changing its status.
Fault-Based Divorce - When considering a fault-based divorce, the Texas family court may weigh certain forms of misconduct more heavily in a marriage that has lasted 10 years or more. In doing so, spouses may receive more or less consideration based on their role in the misconduct and how long it was ongoing.
Child Custody and Child Support - In longer marriages, family law firms and the court must also more carefully weigh child custody and support decisions, especially if a spouse is also eligible for spousal maintenance. While joint conservatorship and co-parenting are always the goal in Texas, other factors like family violence, substance abuse, and other ongoing problems must receive significant consideration in longer relationships to ensure decisions that reflect what is in the child’s best interest.
Tax Concerns - Based on the 2018 Tax Cuts and Jobs Act, divorce lawyers must advise their clients to carefully consider the tax implications when seeking spousal maintenance, as these funds are no longer deductible and count as actual taxable income.

Seek Help From An Experienced Texas Family Divorce Law Firm

No divorce is ever easy, but ending a marriage that has lasted for a decade or more can sometimes be more challenging than spouses expect.

Since the family court will look more closely at things like marital misconduct, property division, and requests for spousal maintenance, an experienced family divorce attorney should always be consulted to help with this process.

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Significant Implications For Divorces After 10 Year of Marriage!