Texas Divorce

Texas divorce laws cover every issue that can come up when two people decide to end their marriage. These laws allow the couple to divide their property and debts, provide financial support to their spouse and children, and decide on child custody and visitation.

Residency Requirement

One spouse must have lived in Texas for at least six months before filing for a Texas divorce. When at least one spouse meets this residency requirement, either spouse may file in Texas.

Grounds for a Texas Divorce

In Texas, grounds for divorce are as follows:

• Adultery
• Abandonment
• Three years in a mental health facility
• Felony conviction and imprisonment for at least one year
• Cruel and inhuman treatment
• Living separately for at least three years
• Irreconcilable differences - unable to re-unite

How To Begin

The Petition

The first step in any Texas divorce case is filing the complaint, called the Original Petition for Divorce. This document is filed with the District Clerk. Then, the case is assigned to a specific Court. Each county has at least one court that decides Texas divorce cases.

After filing the Original Petition for Divorce with the District Clerk, it must be served on the other spouse. The most common way to serve the Original Petition is to have a local sheriff, constable, or private process server give the spouse a copy of the Original Petition.

An alternative frequently used in no-fault divorces is to have the other spouse sign a waiver of service of process.

Once the first Texas divorce papers are filed, the District Clerk or the clerk's assistants will manage the documents filed with the court. The clerk's office will tell the parties if any more paperwork is needed and answer questions regarding hearing dates or times.

Temporary Orders

The court may issue Temporary Orders to deal with immediate issues such as child custody and financial support before the divorce is finalized. Temporary Orders can say who will live in the home, who will be able to write checks on the bank accounts, and who will have custody of the children. Depending on the court, in most cases the spouses will be ordered to mediation prior to any hearing on Temporary Orders.

Mediation And Trial

Mediation is where both spouses meet with a neutral mediator to try to resolve the case. The mediator's job is to help the parties settle the case without having an expensive and time-consuming trial.

Although the courts require that the spouses go to mediation before going to trial, the courts do not require that the spouses reach an agreement. Instead, each party can always request a court hearing.

If the Texas divorce case cannot be settled, it will then go to trial. Generally, the trial is decided by a judge. However, a jury will decide the case upon the parties' request.

Financial Matters

Dividing Property

Texas divorce laws treat marital property as community property. That means that any property owned by either spouse during the marriage is community property which can be divided between the spouses. However, the court will not divide separate property that is owned by either spouse before the marriage. The court will also divide martial debt at this time.

An equal division of the community property is not required by the Texas divorce laws. In a case involving children, the Texas divorce court often divides the property unequally.

Alimony

In a Texas divorce, alimony is called maintenance. In most cases, alimony is limited to three years because it is supposed to be temporary support. It is only awarded if a spouse who has been married for at least 10 years and cannot support themselves or if there is domestic violence and the violent spouse is convicted during the divorce case.

What Happens to the Children?

Child Custody

Texas law assumes that awarding joint custody is in the best interest of the child. The court defines the rights and obligations of each parent. Living arrangements are often designated to the person that has been the primary caretaker of the child.

Child Support

Texas child support laws use a formula to figure out how much child support must be paid by the non-custodial parents. This formula, called the Percentage of Income Formula, applies a percentage to the income of the non-custodial parent based on the number of children that need support.

The Texas divorce court may order either or both parents to pay child support:

• Until the child is 18 years old or until graduation from high school, whichever occurs later
• Until the child is emancipated by marriage or a court order
• Until the child dies
• If the child is disabled, then for an indefinite period