Divorce Law in Texas: Understanding the Process and Your Rights
Divorce can be a difficult and emotional process, and understanding the divorce laws in Texas can help you navigate this challenging time. Here, we will discuss the divorce process in Texas, including the grounds for divorce, the residency requirements, and other important factors to consider.
Grounds for Divorce – In Texas, there are two grounds for divorce: no-fault and fault. No-fault divorce is based on the idea that the marriage has broken down irretrievably and that there is no hope of reconciliation. To obtain a no-fault divorce, one spouse must simply state that the marriage has become insupportable because of a discord or conflict that cannot be resolved.
Fault-based divorce, on the other hand, is based on one spouse’s fault, such as adultery, cruelty, or abandonment. However, in recent years, the use of fault-based divorce has declined, and most divorces are now granted on a no-fault basis.
Residency Requirements – To file for divorce in Texas, one spouse must be a resident of the state for at least six months and a resident of the county where the divorce is filed for at least 90 days prior to filing.
Property Division – Texas is a community property state, which means that all property acquired during the marriage is considered community property and is divided equally between the spouses in a divorce. However, there are exceptions, such as property that is inherited or gifted to one spouse during the marriage, which is considered separate property and is not subject to division.
Child Custody and Support – In a divorce, the court will also address issues related to child custody and support. The court will consider the best interests of the child and may award joint or sole custody to one parent. In determining child support, the court will consider the income of both parents and the needs of the child. The Texas Family Code sets out child support guidelines based on the parent’s income, the number of children before the court, and the number of other children the parent has a duty to support. However, in certain circumstances the court can deviate from those guidelines when ordering child support.
Mediation and Collaborative Law – In Texas, mediation and collaborative law are alternative dispute resolution methods that can be used to resolve disputes in a divorce case. Mediation involves working with a neutral third-party mediator to negotiate and reach agreements on issues related to property division, child custody, and support. Collaborative law is a process in which both spouses and their lawyers work together to resolve disputes outside of court.
If you are considering divorce or have been served divorce papers, call us today
The divorce process in Texas can be complex, and it’s important to have a good understanding of the law to protect your rights and interests. If you’re considering divorce, it’s important to seek the advice of an experienced family law attorney who can guide you through the process and help you make informed decisions. With the right legal support, you can navigate the divorce process with confidence and achieve a positive outcome for you and your family.
Scott Stillson has been providing legal assistance for people in Wichita and surrounding counties for the past 15 years.
At the Law Offices of Scott Stillson, we provide honest, understanding and expert counsel to help you overcome these emotional barriers as we develop the most sensible strategy for pursuing your legal objectives.
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