Family Law

Divorce

GROUNDS FOR A DIVORCE

If you need a divorce lawyer call our Law Firm, we can help. Call us today. The following are the statutory grounds for a divorce in the State of Texas:
  • Insupportably (this is the most common ground for a divorce in Texas);
  • Cruelty;
  • Adultery;
  • Conviction of Felony;
  • Abandonment;
  • Living Apart; &
  • Confinement in Mental Hospital.

RESIDENCE QUALIFICATIONS FOR A DIVORCE IN THE STATE OF TEXAS

A suit for divorce may be maintained in the State of Texas if either the petitioner or the respondent has been:

    a) a domicialiary of the State of Texas for the preceding six-month period; and
    b) a resident of the Texas county in which the suit is filed for the preceding 90-day period.

IMPORTANT NOTE: Texas provides certain jurisdiction, venue, and residence qualification provisions which apply only to members of the Armed Forces of the United States and/or "other service of the United States or of this State."


WAITING PERIODS FOR DIVORCE IN TEXAS

a) A Texas Court may not grant a Divorce before the 60th day after the date the suit was filed.
b) A waiting period is not required before a court may grant an Annulment or Declare a Marriage void other than as required in civil cases.


FILING FEES AND EXPENSES

You should contact the County Court Clerk of the County in which you will intend to file your divorce for the current filing fee. You may be able to apply for a waiver of fees if you cannot afford to pay the filing fee or if you are currently on public assistance. Our Law Firm can assist you with completing and filing the appropriate form and document to request the Court for a waiver of filing fees. Call us today, we can help.


PROTECTIVE ORDERS AND TEMPORARY RESTRAINING ORDERS

After filing for Divorce in Texas either party may petition the court for orders pursuant to statute. These orders may include:

    a). Temporary Restraining Orders - to protect against unreasonable and harassing actions
    b) Temporary Injunctions and Temporary Orders -for the preservation of the property and protection of the parties
    c) Protective Orders in Cases of Family Violence Can be obtained for protection for the abused family for up to 2 years


CHILD CUSTODY AND CHILD SUPPORT IN TEXAS

The parent who is given custody by the court is designated and referred to as the "managing conservator." This parent is also referred to as the "Primary Managing Conservator."

The parent who is given visitation rights is called the "Possessory Conservator." When parents are awarded joint custody they are each called "Joint Managing Conservators."

Either parent, the mother or father may be ordered to pay child support. Child support is established and awarded per statutory guidelines.


DIVISION OF PROPERTY

Texas is a "Community Property" State. Generally, each spouse is entitled to a "just and right" division of community property. However, the parties may contractually agree to a suitable property division or the court may order a division of the estate in a manner that the court deems "just and right" after considering the rights of each party and any children of the marriage.

Community Property is all property other than separate property, acquired by either spouse during marriage.

Separate Property is:

    a) the property owned or claimed by the spouse before marriage;
    b) the property acquired by the spouse during marriage by gift, devise, or descent; or
    c) the recovery of personal injuries sustained by the spouse during marriage, except any recovery for loss of earning capacity during marriage.


TEMPORARY SUPPORT

After filing for Divorce or Annulment, the judge may order one spouse to pay the other temporary support while the divorce is pending.


ALIMONY

There is no alimony in Texas. However, limited "spousal maintenance" may be awarded:

    a) upon agreement by the parties;
    b) by order of the court if the marriage lasted for more than ten years; or
    c) by order of the court against one spouse convicted of family violence against the other spouse.


CHANGE OF LAST NAME

In a decree of divorce or annulment in Texas, the court shall change the name of the party specifically requesting the change to a name previously used by the party unless the court states in the decree a reason for denying the change of name.


REMARRIAGE

In Texas neither party may marry a third party before the 31st day after the date the divorce is decreed.

However, the former spouses may marry or remarry each other at any time.

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