The following information is to provide a basic understanding of the various aspects of Texas divorce.
for more specific information regarding Texas divorce laws.
Every effort has been made to assure that the information contained in these pages is accurate however, due to the ever changing nature of the law some material may be outdated or may no longer apply.
|Residency Requirements ||One of the spouses must have resided in Texas for 6 months prior to filing and in the county where the divorce is filed for 90 days prior to filing.|
|Where to File ||The county in which either spouse resides.|
|Grounds for Divorce ||On the petition of either party to a marriage, the court may grant a divorce without regard to fault if the marriage has become insupportable because of discord or conflict of personalities that destroys the legitimate ends of the marital relationship and prevents any reasonable expectation of reconciliation.|
General grounds for divorce are:
- Confinement for inccurable insanity for 3 years
- Conviction of a felony and imprisonment for over 1 year
- Cruel and inhuman treatment.
|Voluntary or required mediation ||Yes|
|Voluntary or recommended Counseling||Yes|
|Property Distribution ||In a decree
of divorce or annulment, the court shall order a division of the estate of the parties in a manner that the court deems just and right, having due regard for the rights of each party and any children of the marriage|
In addition to the division of the estate of the parties required by Section 7.001, in a decree of divorce or annulment the court shall order a division of the following real and personal property, wherever situated, in a manner that the court deems just and right, having due regard for the rights of each party and any children of the marriage: (1) property that was acquired by either spouse while
domiciled in another state and that would have been community property if the spouse who acquired the property had been domiciled
in this state at the time of the acquisition; or (2) property that was acquired by either spouse in exchange for real or personal property and that would have been community property if the spouse who acquired the property so exchanged had been domiciled in this state at the time of its acquisition.
|Child Custody ||The public policy of this state is to:
The best interest of the child shall always be the primary consideration of the court in determining the issues of conservatorship and possession of and access to the child.
- Assure that children will have frequent and continuing contact with parents who have shown the ability to act in the best interest of the child
- Provide a safe, stable, and nonviolent environment for the child
- Encourage parents to share in the rights and duties of raising their child after the parents have separated or dissolved their marriage
A child 12 years of age or older may file with the court
in writing the name of the person who is the child's preference to
have the exclusive right to designate the primary residence of the
child, subject to the approval of the court
|Child Support ||The court may order either or both parents to support a child in the manner specified by the order:
The child support guidelines in this subchapter are intended to guide the court in determining an equitable amount of child support.
The amount of a periodic child support payment established by the child support guidelines in effect in this state at the time of the hearing is presumed to be reasonable, and an order of support conforming to the guidelines is presumed to be in the best interest of the child. A court may determine that the application of the guidelines would be unjust or inappropriate under the circumstances.
- Until the child is 18 years of age or until graduation from high school, whichever occurs later
- Until the child is emancipated through marriage, through removal of the disabilities of minority by court order, or by other operation of law
- Until the death of the child
- If the child is disabled for an indefinite period
|Spousal Support || A court
that determines that a spouse is eligible to receive maintenance under this chapter shall determine the nature, amount, duration,
and manner of periodic payments by considering all relevant factors, including:
- The financial resources of the spouse seeking maintenance, including the community and separate property and liabilities apportioned to that spouse in the dissolution proceeding, and that spouse's ability to meet the spouse's needs independently
- The education and employment skills of the spouses, the time necessary to acquire sufficient education or training to enable the spouse seeking maintenance to find appropriate employment, the availability of that education or training, and the feasibility of that education or training
- The duration of the marriage
- The age, employment history, earning ability, and physical and emotional condition of the spouse seeking maintenance
- The ability of the spouse from whom maintenance is requested to meet that spouse's personal needs and to provide periodic child support payments, if applicable, while meeting the personal needs of the spouse seeking maintenance
- Acts by either spouse resulting in excessive or abnormal expenditures or destruction, concealment, or fraudulent disposition of community property, joint tenancy, or other property held in common
- The comparative financial resources of the spouses, including medical, retirement, insurance, or other benefits, and the separate property of each spouse
- The contribution by one spouse to the education, training, or increased earning power of the other spouse
- The property brought to the marriage by either spouse
- The contribution of a spouse as homemaker
- Marital misconduct of the spouse seeking maintenance
- The efforts of the spouse seeking maintenance to pursue available employment counseling as provided by Chapter 304, Labor Code.