Divorce laws can be complex and confusing. In Texas, divorce can be costly and emotionally draining. It is, therefore, important to understand divorce laws in Texas before filing for one. This comprehensive guide intends to shed light on the divorce laws in Texas, and help individuals make informed decisions when going through a divorce.

Table of Contents

Grounds for Divorce

Before filing for divorce in Texas, it is important to understand the grounds for divorce. In Texas, the grounds for divorce include:

Insupportability: If there is no hope of reconciliation between a couple, they can file for divorce.
Adultery: If one party committed adultery during the marriage, the other party can file for divorce.
Abandonment: If a spouse leaves the marital home without intention to return for at least one year, the other party can file for divorce.
Confinement in a mental institution: If a spouse has been confined to a mental institution for at least three years, the other party can file for divorce.
Cruelty: If one spouse has been cruel to the other, the other party can file for divorce.

Residency Requirements

To file for divorce in Texas, one of the spouses must be a resident of the state for at least six months before filing. Additionally, the spouse filing for divorce must have been a resident of the county in which they are filing for at least 90 days.

Division of Property

In Texas, property is divided through a process called "equitable distribution." This means property is divided in a way that is deemed fair, but not necessarily equal. Texas is a community property state, which means that any property acquired during the marriage is considered community property. However, any separate property, such as property obtained before the marriage, is not subject to division.

It is important to note that debts acquired during the marriage are also subject to division in Texas.

Spousal Support

Spousal support, also known as alimony, is not guaranteed in Texas divorce cases. However, if the spouse seeking support can prove they lack sufficient property to provide for their basic needs, they may be awarded spousal support. The amount and duration of spousal support are determined on a case-by-case basis and are influenced by factors such as length of the marriage and each spouse’s earning capacity.

Child Custody

Child custody is often the most contentious issue in divorce cases. In Texas, the court encourages parents to work out a custody arrangement that is in the best interests of the child. If parents cannot agree on a custody arrangement, the court will make the decision.

Texas provides for two types of custody: joint managing conservatorship and sole managing conservatorship. Joint managing conservatorship allows both parents to make decisions regarding the child, while sole managing conservatorship grants decision-making power to one parent. The non-custodial parent will typically be granted visitation rights.

Child Support

Both parents are required to provide financial support for their children in Texas. The amount of child support is calculated based on the income of both parents and the number of children involved. The parent with primary custody is usually the recipient of child support payments.

Conclusion

Divorce is a difficult and emotional process. It is important to understand the laws surrounding divorce in Texas to make informed decisions. Understanding the grounds for divorce, residency requirements, property division, spousal support, child custody, and child support can help make the process smoother. It is also recommended to consult with a lawyer, as divorce cases can be complex and the laws can vary depending on the situation.