Texas Divorce Laws in the Lone Star State

Texas divorce laws
Texas does things differently from the rest of the country in many respects, and Texas divorce laws are no exception. Most notably, divorce in Texas differ from many other states in the way the law deals with the distribution of property after a divorce. In this article we will outline the most important points of divorce law in Texas, including the grounds for divorce, the details of property distribution principles and how the fate of any children in the family will be decided.

The residency requirements for filing for divorce in Texas dictate that at least one spouse be a resident of the state for at least six months prior to the filing of the divorce. This spouse also needs to be a resident of the county where the suit is filed for at least 90 days leading up to the beginning of proceedings. Being stationed at a military base also counts as being a resident in Texas.

Texas Grounds for Divorce
Divorce can be filed for, citing no fault, in the event that the spouses reach a point where differences in personality make continuing the marriage impossible. This assumes that the marital relationship is beyond repair through therapy or couples counselling.

There are also six grounds for divorce in Texas based on the fault of a spouse. The faults include adultery, cruelty, being convicted of a felony, abandonment, being committed to a mental hospital, or living apart for an extended period of time. Let’s take a closer look at what each of these mean.

Adultery is fairly self explanatory – it involves sexual relations outside the bonds of the marriage. Cruelty is a slightly broader concept which requires some explanation. The law simply states that cruelty can be defined as any action which makes continued living together an impossible task, so cruelty can extend to cover both physical and verbal or emotional abuse.

When it comes to conviction of a felony, the convicted spouse must be sentenced to a minimum of one year in prison in order for this to be used as a grounds for divorce. Also, the law states that if the conviction occurred on the basis of a testimony made by the other spouse, this grounds for divorce can’t be used.

Abandonment and living separately are related but slightly different grounds. Under abandonment, one spouse must intentionally leave the other for more than a year without the intention of returning. If the spouses have chosen to live apart for a period of three years or more, a divorce can be filed under the grounds of living separately.

There are also a few conditions surrounding confinement of a spouse to a mental hospital as a grounds for divorce. The spouse needs to have been in the condition of insanity for at least three years, and be in a state where permanent recovery is highly unlikely.

Texas Property Distribution
Texas differs from many other states in the U.S. when it comes to the distribution of property. Texas divorce laws state that all property acquired during the course of the marriage should be divided half-and-half between the two spouses. All property from before the marriage will continue to belong to whatever spouse acquired it on their own.

There are some issues that define whether certain pieces of property are considered personal or “community” property (marital property). This is generally only a concern if one spouse has acquired property outside of Texas.

Child Custody and Visitation
Ideally the court process aims to lead the two spouses into a mutual agreement about what should happen to any children in the marriage. If an agreement can’t be met, the court will resort to resolving the issue via a set of guidelines designed for this purpose.

This decision will aim to try to balance the parental duties of each spouse as much as possible while aiming to maintain the best interests of the child. For instance, the court will try to avoid a decision that would result in children having to be uprooted from their school if at all possible, as this can disrupt both the education and social development of a child. The court can also decide which parent will have the choice of where the child will live primarily and place restrictions on the area where the child must stay – this prevents one parent moving away with a child after the divorce. Children over 12 can also contribute their own opinion on this matter to the court.

Child Support and Alimony
Under Texas divorce laws, one spouse may be required to pay spousal support (alimony) depending on the circumstances. For instance, if the marriage lasted longer than ten years and one spouse owns very little personal property, alimony payments may be imposed on the wealthier spouse. Likewise, spousal support may be ordered in other circumstances, such as if one spouse is physically or mentally disabled, or unable to support him or herself for other reasons.

SBI!