TEXAS DIVORCE LAW
If you are seeking a divorce in Texas, many issues may arise, such as residency, mediation, legal separation, annulment, property distribution and child custody. A Texas divorce, also known as “dissolution of marriage,” is a legal ending of a marriage. After the divorce is complete a person is considered single and may marry again. When deciding if divorce is right for you, it is important to contact a Texas divorce attorney for further information.
Legal Separation
Texas does not have an option for legal separation like other states. If spouses are living apart, Texas does NOT allow property the spouse acquired while apart from his or her spouse to become that spouse’s separate property. For example, your salary will NOT be your separate property, even when living apart from your spouse, until a divorce is final. However, when filing for a divorce in Texas, you may ask the court for orders that deal with issues such as temporary child custody or property distribution. Contact a Texas divorce attorney for more information on this topic.
Grounds For Divorce
When you are filing for divorce you will need to state your reasons for wanting out of the marriage, also known as grounds for divorce. In Texas you may file for either a no-fault divorce or a fault divorce.
No-Fault Divorce: If you file for a no-fault divorce in Texas, the court may grant a divorce without regard to fault of either spouse if the marriage has become insupportable because of dispute or conflict of personalities that destroys the justifiable ends of the marital relationship and prevents any reasonable expectation of reconciliation. For more information on whether you may file for a no-fault divorce, contact a local Texas divorce attorney
Fault Divorce: If you file for a fault divorce in Texas, the court may grant a divorce in favor of one spouse if the other spouse: is found guilty of cruel treatment, committed adultery, in certain cases committed a felony, abandoned the other spouse, has lived apart for at least three years, or has been confined in a mental hospital. To discuss your fault divorce options it is advisable to contact a Texas divorce attorney in your area.
Divorce Residency Requirements
Generally, you may not file for divorce in Texas unless, at the time the suit is filed by either spouse, you or your spouse has been: (1) a domiciliary of Texas for the preceding six-month period; and (2) a resident of the county in which the suit is filed for the preceding 90-day period. You should file your paperwork with the District Court of Texas in the county in which you or your ex-spouse resides. The District Court Clerk and his or her assistants will be managing your paperwork with the court. See a Texas divorce attorney for more information on Texas divorce residency requirements.
Annulment
An annulment (nullity of marriage) may be obtained if a court determines that the marriage was not legally valid (did not legally exist) when entered into or that the marriage is now void for a certain reason. A marriage can be annulled in Texas if, at the time of the marriage: (1) one party was underage; (2) the person asking for the annulment was under the influence of alcohol or narcotics; (3) one party concealed a divorce (within the last 30 days); (4) if the marriage took place less than 72 hours after the license was issued; or (5) due to permanent impotency (fraud, duress, or force), mental incapacity, consanguinity (too closely related), or bigamy. Annulments are uncommon, but if you are considering an annulment in Texas it is important to discuss all possible issues with a Texas divorce attorney.
Property Division in a Texas Divorce
In Texas a spouse may have community property, separate property, or both. Community property is all property presumably acquired during a marriage and before any separation, other than by gift or inheritance (in most cases) and belongs to both spouses in a divorce. All other property in Texas that is not community property is considered separate property and belongs to one spouse only. In Texas, separate property may be property that was claimed or owned before marriage in or outside Texas and certain types of property that is owned during marriage by one spouse. There are several types of property that may be considered in a divorce such as real estate, inheritance, retirement, insurance, and taxes. It is important to consult the advice of a Texas divorce attorney in this area of law.
Link to Divorce Statutes
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